AB 2975- Hospitals – Workplace Violence

The California Occupational Safety and Health Act of 1973 (Cal/OSHA), imposes safety responsibilities on employers and employees, including the requirement that an employer establish, implement, and maintain an effective injury and illness prevention program (IIPP).

Existing law also requires the Occupational Safety and Health Standards Board (Board) to adopt standards developed by the Division of Occupational Safety and Health (DOSH) that require specified types of hospitals to adopt a workplace violence prevention plan (WVPP) as part of the hospital’s IIPP to protect health care workers and other facility personnel from aggressive and violent behavior.

Assembly Bill 2975 (AB 2975) requires the Board to amend its standards to require that a hospital implement the following safety policies and protocols:

• A weapons detection screening policy that requires the use of weapons detection devices that automatically screen a person’s body at specific entrances of the hospital;
• A requirement that a hospital assign appropriate personnel who meet specified training standard;
• A requirement that a hospital have reasonable protocols for alternative search and screening for patients, family, or visitors who refuse to undergo weapons detection device screening; and
• A requirement that a hospital adopt reasonable protocols addressing how the hospital will respond if a dangerous weapon is detected, as specified

Among other provisions, the law requires that the standards include a requirement that a hospital post, in a conspicuous location, within reasonable proximity of any public entrances where weapons detection devices are utilized, a notice adopted by the Board, notifying the public that the hospital conducts screenings for weapons upon entry but that no person shall be refused medical care, pursuant to specified federal law.

(AB 2975 amends section 6401.9 of the Labor Code.)