Workers in the health care and social service industries operate in unique circumstances that can put their safety in jeopardy. These workers, like all workers, deserve protections from workplace violence, and the Trump administration’s Occupational Safety and Health Administration (OSHA) is currently working to create a standard to further protect these workers. While the rulemaking process is underway, the Trump administration continues to enforce the general duty clause of the OSH Act – legislation that requires employers to take definitive steps to protect employees and provide a safe work environment.
Unfortunately, the legislation under discussion at today’s hearing, H.R. 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, disregards ongoing efforts to protect these workers and imposes an overly prescriptive mandate without sufficient public input.
“I am concerned the legislation under discussion today, H.R. 1309, might undermine this ongoing rulemaking process. Instead of allowing for a collaborative and evidence-based process, I am concerned we are intentionally or unintentionally ramming through a regulation with limited input from affected stakeholders. The proposed bill was introduced only a week ago and needs further discussion and work,” Rep. Bradley Byrne, Republican Leader of the Subcommittee on Workforce Protections said in his opening statement.
Mr. Manesh Rath of the law firm Keller and Heckman testified to members that the traditional rulemaking process requires crucial public input, but H.R. 1309 would allow the standard to go into effect without the opportunity for the public to weigh in.
“Depriving stakeholders of the chance to participate in developing a workable standard does not silence only healthcare employers, who have acquired expertise through years of trial and error. It also disenfranchises employees, through their unions and professional associations; security and technology firms, who have developed techniques and solutions that have led to improvements; insurance carriers, who have amassed troves of valuable data; and the scientific and medical communities, who perhaps have insight into the causes of workplace violence and effective intervention modalities. Under the proposed Bill, none of these constituents will have a chance to lend their acquired wisdom and expertise,” Rath said.
H.R. 1309 undercuts the ongoing rulemaking process, at the same time Democrats are blocking the confirmation of Scott Mugno to Assistant Secretary of OSHA, preventing senior leadership from prioritizing and implementing key agency priorities.
“Protecting workers from instances of workplace violence is a policy priority that Republicans and Democrats see eye-to-eye on,” Rep. Byrne concluded in his opening statement. “I would prefer that this committee hold oversight hearings to allow committee members to hear directly from individuals and experts so that we can formulate the best course of action to keep our caregivers safe.”
