ASHNHA Workplace violence legislation toolkit August 2018 – Resources to support hospital leaders to communicate changes in the law to staff, work with law enforcement, and develop comprehensive workplace violence prevention plans.
On June 14, 2018, Governor Walker signed into law House Bill (HB) 312 a crime bill which included provisions to address increasing levels of violence in health care facilities.
This legislation helps facilities keep the environment safe and remove violent people. It adds a felony aggravator when the assault occurs at a health care facility is and directed at a caregiver, possibly resulting in longer jail time. The law goes into effect on September 12, 2018.
ASHNHA statement on Senate passage of HB 312
Alaska State Hospital and Nursing Home Association
“We applaud the Alaska State Senate today for passing HB 312, the omnibus crime bill. Among other things, the bill addresses violence against health care workers. We appreciate the bipartisan leadership of bill sponsors Rep. Matt Claman and Rep. Chuck Kopp in introducing and advancing this important legislation.
Alaska hospitals have reported recent increases in workplace violence, including assaults with a physical injury against caregivers. Staff report feeling unsafe in the workplace. All too often, they are kicked, punched, spit on or verbally threatened. Violence should not be an acceptable workplace hazard. Unfortunately, for many nurses, physicians, and other caregivers, this has become the new normal.
The passage of HB 312 sends a clear message to our health care providers that they are supported and valued. On behalf of the many health care workers serving Alaskans in hospitals and nursing homes, we thank the Senate for passing this important legislation and Rep. Claman and Rep. Kopp for their leadership.”
Alaska’s hospitals have seen a significant increase in workplace violence in the last year, generally patient on caregiver or family member on caregiver violence. ASHNHA worked hard to identify the best method of collecting data to quantify this uptick in violence. Anecdotally, we know that violence has escalated dramatically. ASHNHA had formed a Workplace Violence Task Force to help define the problem and develop solutions, the Task Force has since been absorbed back into our Patient Saftey Committee to continue exploring education, processes, and policies that will assist hospitals in navigating how to prevent violence and what to do when violence has occurred.
Progress has been made in regard to data collection and creating a narrative to explain the magnitude of the impacts that violence is having on Alaska’s hospitals. SB 54 has been signed in to law and is anticipated to alleviate some of the inconsistencies in the criminal justice system that were likely contributing to escalated workplace violence issues. The Legislature is also examining other aspects of reform, such as recidivism reduction efforts, to assess how those efforts are impacting Alaskans. The Alaska Criminal Justice Commission released their 2017 Annual Report (see Resources below) in regard to Alaska’s criminal justice system reform efforts.
On Dec. 7 ASHNHA presented to the Alaska Criminal Justice Commission in regard to workplace violence issues in Alaska’s hospitals. The Commission is tasked with evaluating and recommending criminal justice system changes to improve criminal laws and practices. ASHNHA presented ourWorkplace Violence Initiative which includes recommended legislative strategies and hospital strategies on evidence-based practices in pursuit of implementing a multifaceted approach to combating workplace violence. The testimony was moving and made great strides in advancing our efforts.
We are also working to address the issue by offering a toolkit on best practice to prevent workplace violence, providing hospitals with individualized assessments to help improve workplace safety and sharing best practices. The goal is for all facilities to implement best practices to reduce aggressive behavior and risk to hospital staff. There isn’t a ‘one-size-fits-all’ policy that can be implemented but there are many existing policies that can be used as a roadmap for Alaska’s hospitals. Zero-tolerance policies have shown to have an impact on de-escalating violence and can be as simple as a mission-statement with posted signage that violence will not be tolerated. Each facility will want to craft a policy that addresses its unique qualities or to examine existing policies to ensure they adequately address workplace violence issues. At the same time, we will focus on problems in the criminal justice/law enforcement systems that are contributing to the increase in workplace violence.
- Violent Crimes Compensation Board Annual Report 2016
- Public Safety Action Plan – Items of Note
- Alaska Court System – Victim-FAQ Restitution
- Alaska Criminal Justice Commission Presentation – Assault and the Criminal Justice System
- 2017 Alaska Criminal Justice Commission Annual Report
- Title 47 Uniform Alcoholism and Intoxication Treatment Act – Emergency Commitment
- C Felonies in AS 11 affected by SB 91
- Preventing Violence in Healthcare Gap Analysis
- Alaska’s Lack of Psychiatric Beds and Consequences
- Preventing violent and criminal events
- Preparing for an active shooter
- Active Shooter Preparedness Fact Sheet
- Article: Why ‘Run. Hide. Fight. isn’t logical for one Hospital System
- Anchorage Police Department Certificate and Declaration of Arrest
- Bethel Police Department Statement Form
- Fairbanks Police Department Statement Form
- Whittier Police Department Citizen Arrest Form
Memorandum of Understanding Examples
- Ashland Community Healthcare Services MOU
- NSW Health MOU Mental Health Emergency Response
- Avera Marshall Regional Hospital MOU
- UAA Crisis Intervention Teams
A very powerful video created by a Physician on this critical topic