Attention Illinois Healthcare employers. Are you ready for the Health Care Violence Prevention Act?
On January 1, 2019, the Health Care Violence Prevention Act takes effect. Under this new law, “retail health facilities”*, hospitals and veterans homes are required to:
- Create a workplace violence plan that contains the following elements –
- Complies with the OSHA guidelines for workplace violence
- Classifications of workplace violence.
- Type 1 violence: Workplace violence committed by a person who has no legitimate business at the work site and includes violent acts by anyone who enters the workplace with the intent to commit a crime.
- Type 2 violence: Workplace violence directed at employees by customers, clients, patients, students, inmates, visitors, or other individuals accompanying a patient.
- Type 3 violence: Workplace violence against an employee by a present or former employee, supervisor, or manager.
- Type 4 violence: Workplace violence committed in the workplace by someone who does not work there, but has or is known to have had a personal relationship with an employee.
- Management commitment and worker participation in the program. Worker participation should include nurses as well as additional staff.
- Worksite analysis and identification of potential hazards.
- Hazard prevention and control.
- Safety and health training with required hours to be determined by rule.
- Recordkeeping and evaluation of the violence prevention program.
In addition to the training requirements, employees are required to report to management any time they contact law enforcement or file a police report with law enforcement relating to a workplace violence issue. This report must be made within 3 days of the contact with law enforcement. Upon receiving notice, employers are required “post incident” services to any healthcare worker involved in the incident, which must include acute treatment and access to psychological evaluation. Employers are prohibited from discouraging their employees from contacting law enforcement about a workplace violence issue.
It is recommended that all Illinois healthcare employers review the new law and ensure that they are compliant by January 1st.
* Retail health facilities are defined as an institution, place, or building that is devoted to the maintenance and operation of a facility for the performance of health care services and is located within a retail store at a specific location, but excluding hospitals, ambulatory treatment centers, physicians’ offices and other facilities providing “limited healthcare services”), hospitals and veterans homes.