[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] CARING FOR OUR CAREGIVERS: PROTECTING HEALTH CARE AND SOCIAL SERVICE WORKERS FROM WORKPLACE VIOLENCE ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON WORKFORCE PROTECTIONS COMMITTEE ON EDUCATION AND LABOR U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ HEARING HELD IN WASHINGTON, DC, FEBRUARY 27, 2019 __________ Serial No. 116-6 __________ Printed for the use of the Committee on Education and Labor [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: www.govinfo.gov or Committee address: https://edlabor.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 35-660 PDF WASHINGTON : 2019 -------------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. COMMITTEE ON EDUCATION AND LABOR ROBERT C. ``BOBBY'' SCOTT, Virginia, Chairman Susan A. Davis, California Virginia Foxx, North Carolina, Raul M. Grijalva, Arizona Ranking Member Joe Courtney, Connecticut David P. Roe, Tennessee Marcia L. Fudge, Ohio Glenn Thompson, Pennsylvania Gregorio Kilili Camacho Sablan, Tim Walberg, Michigan Northern Mariana Islands Brett Guthrie, Kentucky Frederica S. Wilson, Florida Bradley Byrne, Alabama Suzanne Bonamici, Oregon Glenn Grothman, Wisconsin Mark Takano, California Elise M. Stefanik, New York Alma S. Adams, North Carolina Rick W. Allen, Georgia Mark DeSaulnier, California Francis Rooney, Florida Donald Norcross, New Jersey Lloyd Smucker, Pennsylvania Pramila Jayapal, Washington Jim Banks, Indiana Joseph D. Morelle, New York Mark Walker, North Carolina Susan Wild, Pennsylvania James Comer, Kentucky Josh Harder, California Ben Cline, Virginia Lucy McBath, Georgia Russ Fulcher, Idaho Kim Schrier, Washington Van Taylor, Texas Lauren Underwood, Illinois Steve Watkins, Kansas Jahana Hayes, Connecticut Ron Wright, Texas Donna E. Shalala, Florida Daniel Meuser, Pennsylvania Andy Levin, Michigan* William R. Timmons, IV, South Ilhan Omar, Minnesota Carolina David J. Trone, Maryland Dusty Johnson, South Dakota Haley M. Stevens, Michigan Susie Lee, Nevada Lori Trahan, Massachusetts Joaquin Castro, Texas * Vice-Chair Veronique Pluviose, Staff Director Brandon Renz, Minority Staff Director ------ SUBCOMMITTEE ON WORKFORCE PROTECTIONS ALMA S. ADAMS, North Carolina, Chairwoman Mark DeSaulnier, California Bradley Byrne, Alabama, Mark Takano, California Ranking Member Pramila Jayapal, Washington Francis Rooney, Florida Susan Wild, Pennsylvania Mark Walker, North Carolina Lucy McBath, Georgia Ben Cline, Virginia Ilhan Omar, Minnesota Ron Wright, Texas Haley M. Stevens, Michigan C O N T E N T S ---------- Page Hearing held on February 27, 2019................................ 1 Statement of Members: Adams, Hon. Alma S., Chairwoman, Subcommittee on Workforce Protections................................................ 1 Prepared statement of.................................... 4 Byrne, Hon. Bradley, Ranking Member, Subcommittee on Workforce Protections...................................... 5 Prepared statement of.................................... 7 Statement of Witnesses: Moon-Updike, Ms. Patricia, RN, Wisconsin Federation of Nurses and Health Professionals................................... 9 Prepared statement of.................................... 12 McClain, Dr. Angelo, Coventry, PhD, LICSW, Chief Executive Officer of the National Association of Social Workers...... 16 Prepared statement of.................................... 18 Rath, Mr. Manesh K., Partner, Keller and Heckman............. 23 Prepared statement of.................................... 25 Lipscomb, Dr. Jane A., PhD, RN, Professor of Nursing and Medicine, University of Maryland........................... 30 Prepared statement of.................................... 32 Additional Submissions: Chairwoman Adams: Prepared statement from the American Federation of State, County and Municipal Employees (AFSCME)................ 57 Standards Presentation to California Occupational Safety and Health Standards Board............................. 60 Prepared statement of Emergency Nurses Association in Support the Workplace Violence for Health Care and Social Service Workers from Workplace Violence......... 74 Article: Epidemic of Violence Against Health Care Workers Plagues Hospitals...................................... 77 United States of America Occupational Safety and Health Review Commission (Secretary's Post-Hearing Brief)..... 89 United States of America Occupational Safety and Health Review Commission (Brief of Amici Curiae).............. 132 Sentinel Event Alert..................................... 153 Violence Prevention in the Mental Health Setting: The New York State Experience.................................. 162 Centers for Disease Control and Prevention (CDC): Violence in the Workplace.............................. 185 Centers for Disease Control and Prevention (CDC): Violence Occupational Hazards in Hospitals............. 187 Prepared statement from National Nurses United........... 201 Article: Surveys Find Widespread Violence Against Nurses and Other Hospital Caregivers.......................... 233 Public Employer Workplace Violence Prevention Programs (12 NYCRR PART 800.6).................................. 238 Occupation Safety and Health Administration (OSHA) Caring for Our Caregivers..................................... 248 Occupation Safety and Health Administration (OSHA) Workplace Violence Prevention and Related Goals........ 292 Link: Workplace Safety and Health........................ 301 Link: Occupational Safety and Health Administration Instruction............................................ 301 Link: Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers.................. 301 Courtney, Hon. Joe, a Representative in Congress from the State of Connecticut: Link: Workplace Safety and Health........................ 301 Questions submitted for the record by: Chairwoman Adams Foxx, Hon. Virginia, a Representative in Congress from the State of North Carolina............................ 309 Responses to questions submitted for the record by: Dr. Lipscomb............................................. 310 Dr. McClain.............................................. 312 Ms. Moon-Updike.......................................... 314 Mr. Rath................................................. 316 CARING FOR OUR CAREGIVERS: PROTECTING HEALTH CARE AND SOCIAL SERVICE WORKERS FROM WORKPLACE VIOLENCE ---------- Wednesday, February 27, 2019 House of Representatives Committee on Education and Labor Subcommittee on Workforce Protections Washington, DC. ---------- The subcommittee met, pursuant to notice, at 2:06 p.m., in room 2175, Rayburn House Office Building, Hon. Alma S. Adams [chairwoman of the subcommittee] presiding. Present: Representatives Adams, Jayapal, Wild, McBath, Omar, Stevens, Byrne, Walker, Cline, and Wright. Also present: Representatives Courtney, Khanna, Scott, and Foxx. Staff present: Tylease Alli, Chief Clerk; Jordan Barab, Senior Labor Policy Advisor, Nekea Brown, Deputy Clerk; Hana Brunner, General Counsel Health and Labor; Itzel Hernandez, Labor Policy Fellow; Carrie Hughes, Director of Health and Human Services; Eli Hovland, Staff Assistant; Stephanie Lalle, Deputy Communications Director; Richard Miller, Director of Labor Policy; Max Moore, Office Aid; Veronique Pluviose, Staff Director; Banyon Vassar, Deputy Director of Information Technology; Katelyn Walker, Professional Staff; Cyrus Artz, Minority Parliamentarian, Marty Boughton, Minority Press Secretary; Courtney Butcher, Minority Coalitions and Member Services Coordinator; Akash Chougule, Minority Professional Staff Member; Rob Green, Minority Director of Workforce Policy; John Martin, Minority Workforce Policy Counsel; Hannah Matesic, Minority Legislative Operations Manager; Kelley McNabb, Minority Communications Director; Alexis Murray, Minority Professional Staff Member; Ben Ridder, Minority Legislative Assistant; Heather Wadyka, Minority Staff Assistant; and Lauren Williams, Minority Professional Staff Member. Chairwoman ADAMS. The Subcommittee on Workforce Protections will come to order. I want to thank everyone for being here and thank our witnesses and all of the other folks who have come as well. I note that a quorum is present and want to thank the ranking member for being here as well. I ask unanimous consent that Mr. Courtney of Connecticut and Mr. Khanna of California be permitted to participate in today's hearing with the understanding that their questions will come only after all members of the Subcommittee on Workforce Protections on both sides of the aisle who are present have had opportunity to question the witnesses. Without objection? So ordered. The committee is meeting today for this legislative hearing to hear testimony on Caring for the Caregivers Protecting Health Care and Social Service Workers from Workplace Violence. Pursuant to the committee rule 7(c), opening statements are limited to the chair and the ranking member and this allows us to hear from our witnesses sooner and it provides all members with adequate time to ask questions. So I want to recognize myself now for the purpose of making an opening statement. Today, we are here to discuss solutions for protecting our country's front line caregivers from violence in the workplace. The people who work in our Nation's hospitals, nursing homes and other health care institutions, as well as social workers and other health care providers offer critical assistance to those in need. They fulfill this role despite inadequate pay, odd and difficult hours, and as we will discuss, the frequent threat of violence at the hands of people they serve. This hearing is an opportunity to assess the steps taken by the Occupational Safety and Health Administration to address workplace violence. It is also a forum to discuss relevant legislation, namely H.R. 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, which would require OSHA to issue a strong violence prevention standard. Workplace violence is a serious concern for 15 million health care workers in the United States. Although health care and facilities are viewed as a place to get well, the reality is that day-to-day work in these facilities exposes many employees to an unacceptably high risk of violent injury. Last year, the Bureau of Labor Statistics reported that health care and social service workers are--were nearly five times as likely to suffer a serious workplace violence injury than workers in other sectors. Public employees are even worse off. In 2017, State government health care and social service workers were almost nine times more likely to be injured by an assault than private-sector health care workers. To make matters worse, public employees in 24 States, almost 9 million workers, are not even covered by OSHA and even though they do the exact same work as private sector employees and face the same hazards. The injuries to caregivers are just not physical. And as we will hear today, even when the body recovers from workplace assaults, these professionals are often plagued with career ending post-traumatic stress disorders for the rest of their lives. These violent incidences are not just part of the job. They are predictable, and they are preventable. OSHA has not ignored this problem, but it currently lacks the tools to address it adequately. OSHA first issued guidance to protect health care and social service workers from workplace violence over 20 years ago. The Obama Administration updated that guidance, prioritizing enforcement of safe working conditions for health care workers threatened by workplace violence. And for the first time, the Obama Administration put workplace violence on the agency's regulatory agenda, starting the long rulemaking process. But where we are today isn't good enough. Far from it. First, there is currently no OSHA standard that requires employers to implement violence prevention plans that would help reduce injuries to those workers. As a result, inspectors are forced to use the highly burdensome and time consuming General Duty Clause in the OSHA Act. And pending litigation may eliminate even that weak tool from OSHA's limited enforcement arsenal. Second, the Trump Administration is unlikely to ever issue a workplace violence standard. One of President Trump's first actions was to issue the so called one in, two out Executive Order that requires agencies issuing a new regulation to rescind two regulations of equal cost. Shortly after taking office, the Trump Administration suspended work on the Workplace Violence Prevention Standard where it languished for a year. Currently, OSHA plans to hold a panel with small businesses to discuss violence prevention at some point in the coming year. But the agency is many years away from issuing a proposed standard, much less a final one. Even if the Administration was committed to moving quickly, it simply takes far too long to issue an OSHA standard. The Government Accountability Office estimated conservatively that it takes OSHA over 7 years to issue a standard. The reality is much longer. It took OSHA 20 years to issue its silica and beryllium standard. Front-line caregivers can't wait that long for a solution. To ensure that health care and social service workers have the protection they deserve, Congressman Courtney from Connecticut, who will be with us today, has introduced the Workplace Violence Prevention for Health Care and Social Service Workers Act. This bill would compel OSHA to issue a standard requiring employers within the health care and social service sectors to develop and implement a workplace violence prevention plan. That plan would identify risks, specify best work practices and environmental controls, and require training, reporting, and incident investigations. OSHA's standard would require employers to maintain a violence incident log and prepare an annual summary of such incidents. I would also extend protection--it would also extend protections to public employees in the 24 States not covered by OSHA protections by requiring State health care institutions and social service agencies that receive Medicare funds to comply with the standard. Finally, instead of forcing health care and social service workers to wait years or decades for effective OSHA protections, this legislation would require OSHA to issue an interim final standard 1 year after enactment and a final standard within 42 months of enactment. These are not radical, impractical, infeasible or unaffordable requirements. While the Federal Government's efforts have stalled, some states, such as California, have already adopted violence prevention standards that protect health care workers without putting an undue burden on employers. The measures as H.R. 1309 would require OSHA to include in a standard are almost exactly the same as what OSHA has been recommending in its guidance documents. They are also nearly identical to the Joint Commission recommendations for health care institutions across the country. The difference is that these measures would for the first time be enforceable. Health care and social service workers do important, live-saving work and the least that we can do is to ensure that they can come home safe at the end of their workday. We need to ask ourselves what is the price of inaction? Today we will hear that price. And we will hear what we can do to prevent it. I want to thank all of our witnesses for being with us today and I look forward to your testimony. I now recognize the distinguished ranking member for the purpose of making an opening statement. [The statement of Chairwoman Adams follows:] Prepared Statement of Hon. Alma S. Adams, Chairwoman, Subcommittee on Workforce Protections Today, we are here to discuss solutions for protecting our country's front-line caregivers from violence in the workplace. The people who work in our Nation's hospitals, nursing homes and other health care institutions as well as social workers and other health care providers offer critical assistance to those in need. They fulfill this role despite inadequate pay, odd and difficult hours, and as we'll discuss the frequent threat of violence at the hands of the people they serve. This hearing is an opportunity to assess the steps taken by the Occupational Safety and Health Administration to address workplace violence. It is also a forum to discuss relevant legislation, namely: H.R. 1309, the ``Workplace Violence Prevention for Health Care and Social Service Workers Act,'' which would require OSHA to issue a strong violence prevention standard. Workplace violence is a serious concern for 15 million health care workers in the United States.1 Although health care facilities are viewed as a place to get well, the reality is that day-to-day work in these facilities exposes many employees to an unacceptably high risk of violent injury. Last year, the Bureau of Labor Statistics reported that health care and social service workers were nearly five times as likely to suffer a serious workplace violence injury than workers in other sectors. Public employees are even worse off. In 2017, State government health care and social service workers were almost nine times more likely to be injured by an assault than private-sector health care workers. To make matters worse, public employees in 24 States almost 9 million workers are not even covered by OSHA, even though they do the exact same work as private sector employees and face the same hazards. The injuries to caregivers are not just physical. As we will hear today, even when the body recovers from workplace assaults, these professionals are often plagued with career-ending post-traumatic stress disorders for the rest of their lives. These violent incidents are not just part of the job. They are predictable, and they are preventable. OSHA has not ignored this problem, but it currently lacks the tools to address it adequately. OSHA first issued guidance to protect health care and social service workers from workplace violence over 20 years ago. The Obama Administration updated that guidance, prioritizing enforcement of safe working conditions for health care workers threatened by workplace violence. And for the first time, the Obama Administration put workplace violence on the agency's regulatory agenda, starting the long rulemaking process. But where we are today is not good enough. Far from it. First, there is currently no OSHA standard that requires employers to implement violence prevention plans that would help reduce injuries to these workers. As a result, inspectors are forced to use the highly burdensome and time-consuming General Duty Clause in the OSHA Act. And pending litigation may eliminate even that weak tool from OSHA's limited enforcement arsenal. Second, the Trump Administration is unlikely to ever issue a workplace violence standard. One of President Trump's first actions was to issue the so-called ``one-in, two out'' Executive Order that requires agencies issuing a new regulation to rescind two regulations of equal cost. Shortly after taking office, the Trump Administration suspended work on the Workplace Violence prevention standard while it languished for a year. Currently, OSHA plans to hold a panel with small businesses to discuss violence prevention at some point in the coming year, but the agency is many years away from issuing a proposed standard--much less a final one. Even if the administration was committed to moving quickly, it simply takes far too long to issue an OSHA standard. The Government Accountability Office estimated, conservatively, that it takes OSHA over 7 years to issue a standard. The reality is much longer. It took OSHA 20 years to issue its silica and beryllium standards. Front-line caregivers can't wait that long for a solution. To ensure that health care and social service workers have the protections they deserve, Congressman Courtney from Connecticut, who will be with us today, has introduced the ``Workplace Violence Prevention for Health Care and Social Service Workers Act.'' This bill would compel OSHA to issue a standard requiring employers within the health care and social service sectors to develop and implement a workplace violence prevention plan. That plan would identify risks, specify both work practices and environmental controls, and require training, reporting, and incident investigations. OSHA's standard would require employers to maintain a Violence Incident Log and prepare an annual summary of such incidents. It would also extend protections to public employees in the 24 States not covered by OSHA protections by requiring State health care institutions and social service agencies that receive Medicare funds to comply with the standard. Finally, instead of forcing health care and social service workers to wait years or decades for effective OSHA protections, this legislation would require OSHA to issue an interim final standard 1 year after enactment, and a final standard within 42 months of enactment. These are not radical, impractical, infeasible or unaffordable requirements. While the Federal Government's efforts have stalled, some States, such as California, have already adopted violence prevention standards that protect health care workers without putting an undue burden on employers. The measures that H.R. 1309 would require OSHA to include in a standard are almost exactly the same as what OSHA has been recommending in its guidance documents. They are also nearly identical to the Joint Commission recommendations for health care institutions across the country. The difference is that these measures, would, for the first time, be enforceable. Health care and social service workers do important, live-saving work. The least we can do is ensure that they can come home safe at the end of their workday. We need to ask ourselves: What is the price of inaction? Today we will hear that price. And we will hear what we can do to prevent it. I want to thank all of our witnesses for being with us today and I look forward to your testimony. I now yield to the Ranking Member, Mr. Byrne for his opening statement. ______ Mr. BYRNE. Thank you, Madame Chairwoman and let me say I want to congratulate you on receiving the gavel on this subcommittee. I had it last Congress and I know it is in good hands this Congress. This is not the first time that Ms. Adams and I have worked together on things. She founded the Bipartisan Historically Black College and University Caucus and was gracious enough to ask me to be her co-chair on that. So here we are again. Chairwoman ADAMS. That is right. Mr. BYRNE. It's good. I thank the gentlewoman for yielding. Allow me to begin this afternoon by saying that protecting the safety of health care and social service workers is not a partisan issue. It doesn't take having a liberal or conservative bent to appreciate the hard work and empathy that hospital workers and community caregivers demonstrate every single day on the job. Their dedication to carrying for the most vulnerable members of our communities is extraordinary and these workers deserve our gratitude, our respect, and our commitment to ensuring that they are safe on the job. For this reason, I want to thank Mr. Courtney for coming forward with this bill to give us an opportunity to have a robust discussion about it. And I do appreciate that, Mr. Courtney, you are a great Member of Congress and a good friend. The nature of work in these industries requires health care and social service workers to interact directly with individuals who are experiencing tremendous stress, trauma, and grief, which can cause a situation to devolve and put workers safety at risk. Under the General Duty Clause of the Occupational Safety and Health Act of 1970, employers are already required to take definitive steps to protect employees and provide a safe work environment. But an acknowledgment of the particular risks facing health care and social service workers OSHA has taken concrete steps in the rulemaking process to better understand the circumstances that exist for these workers and to determine how to provide these industries with a solution. And I share the frustration about it not happening fast enough. We need a solution that protects workers and provides employers with the necessary flexibility to ensure that their employees are safe on the job. Therefore, I want to go on record strongly supporting protections for workers in this industry in regard to workplace violence. I also commend OSHA for its rulemaking activities in this area and urge the agency to move forward expeditiously in this regard. In December 2016, almost literally as they were walking out the door, the Obama Administration's OSHA initiated rulemaking process by issuing a public request for information on workplace violence in these sectors. The following month, in January 10, 2017, the agency held a meeting with stakeholders to discuss the specific challenges facing these workers. Once the Trump administration assumed leadership, OSHA doubled down on these rulemaking efforts by scheduling a small business panel on the rulemaking for early 2019. Meanwhile, the Trump administration's OSHA continues to provide employers with the best practices for ensuring a safe work environment and continues to issue citations to employees who fail--employers who fail to prevent workplace violence under the General Duty Clause for the OSHA Act. These are positive and deliberate steps and by undertaking this rulemaking process, OSHA is striving to create a thoroughly researched approach that addresses the risk of workplace violence and the hospital and home health care settings fully and effectively. I am concerned however, that the legislation under discussion, 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 frankly I think needs further discussion and work. That is OK, that is what we do in these committees. H.R. 1309, in an effort to speed up the rulemaking process, takes some short cuts and doesn't allow OSHA the time or the ability to adequately conduct additional studies or analyze public comments. Instead, the bill seeks to impose a mandate and I am concerned that not enough research has been done on the critical topic. Protecting workers from instances of workplace violence is a policy priority that Republicans and Democrats see eye to eye on. I would prefer that this committee holds 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. When things go wrong, our caregivers rise to the occasion. They deserve a thoroughly vetted and researched solution that protects them in the line of duty. It is the responsibility of members of this committee to approach complex and important matters under our jurisdiction like the issue before us today with are and dedication to ensure that we do right by these valued members of our communities. And I yield back. [The statement of Mr. Byrne follows:] Prepared Statement of Hon. Bradley Byrne, Ranking Member, Subcommittee on Subcommittee on Workforce Protections Thank you for yielding. Allow me to begin this afternoon by saying that protecting the safety of health care and social service workers is not a partisan issue. It doesn't take having a liberal or conservative bent to appreciate the hard work and empathy that hospital workers and community caregivers demonstrate every single day on the job. Their dedication to caring for the most vulnerable members of our communities is extraordinary, and these workers deserve our gratitude, our respect, and our commitment to ensuring that they are safe on the job. The nature of work in these industries requires health care and social services workers to interact directly with individuals who are experiencing tremendous stress, trauma, and grief, which can cause situations to devolve and put workers' safety at risk. Under the general duty clause of the Occupational Safety and Health Act of 1970 (the OSH Act), employers are already required to take definitive steps to protect employees and provide a safe work environment. But in acknowledgement of the particular risks facing health care and social service workers, the Occupational Safety and Health Administration (OSHA) has taken concrete steps in the rulemaking process to better understand the circumstances that exist for these workers, and to determine how to provide these industries with a solution. We need a solution that protects workers and provides employers with the necessary flexibility to ensure that their employees are safe on the job. Therefore, I want to go on the record strongly supporting protections for workers in this industry in regards to workplace violence. I also commend OSHA for its rulemaking activities in this area and urge the agency to move forward expeditiously in this regard. In December 2016, almost literally as they were walking out the door, the Obama Administration's OSHA initiated a rulemaking process by issuing a public request for information on workplace violence in these sectors. The following month, on January 10, 2017, the agency held a meeting with stakeholders to discuss the specific challenges facing these workers. Once the Trump administration assumed leadership, OSHA doubled down on these rulemaking efforts by scheduling a small business panel on the rulemaking for early 2019. Meanwhile, the Trump administration's OSHA continues to provide employers with best practices for ensuring a safe work environment, and continues to issue citations to employers who fail to prevent workplace violence under the general duty clause of the OSH Act. These are positive and deliberate steps, and by undertaking this rulemaking process, OSHA is striving to create a thoroughly researched approach that addresses the risks of workplace violence in the hospital and home health care settings fully and effectively. 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. H.R. 1309, in an effort to speed up the rulemaking process, takes unnecessary shortcuts and doesn't allow OSHA the time or the ability to adequately conduct additional studies or analyze public comments. Instead, the bill seeks to impose a mandate, and I am concerned not enough research has been done on this critical topic. Protecting workers from instances of workplace violence is a policy priority that Republicans and Democrats see eye-to-eye on. 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. When things go wrong, our caregivers rise to the occasion. They deserve a thoroughly vetted and researched solution that protects them in the line of duty. It's the responsibility of members of this committee to approach complex and important matters under our jurisdiction, like the issue before us today, with care and dedication to ensure that we do right by these valued members of our communities. ______ Chairwoman ADAMS. Thank you, Mr. Byrne. Thank you, Mr. Byrne. Before we begin, I ask unanimous consent to insert into the record a statement from the American Federation of State County and Municipal Employees and a statement from the Emergency Nurses Association. Without objection, all of the members who wish to insert written statements into the record may do so by submitting them to the committee clerk electronically in Microsoft Word format by 5 p.m. on February 13, 2019. I would like to now introduce our witnesses. Our first witness, Ms. Patricia Moon-Updike from Cudahy? Cudahy, Wisconsin. Ms. Moon-Updike is a registered nurse and a member of the Wisconsin Federation of Nurses and Health Professionals, an affiliate of the American Federation of Nurses. Our next witness, Dr. Angelo McClain is the Chief Executive Officer of the National Association of Social workers. Dr. McClain has been a licensed and practicing social worker for the past 30 plus years, served for 6 years as Commissioner for the Massachusetts Department of Children and Families and prior to that, Dr. McClain was Vice President and Executive Director of Value Options New Jersey and was Vice President of Network Management and Regional Operations for the Massachusetts Behavioral Health Partnerships. Following Dr. McClain, we will hear from Mr. Manesh Rath. Mr. Rath is a partner at Keller and Heckman. He is a trial and appellate attorney specializing in occupational safety and health and other issues. Our last witness, Dr. Jane Lipscomb, is a nurse and epidemiologist, who spent her career as a Professor of Nursing and Medicine at the University of Maryland researching and addressing the epidemic of occupational health and safety hazards facing our Nation's health care and social service work force. She has also served as an expert witness in numerous OSHA enhancement enforcement cases. To the witnesses, we have a few instructions for you. We appreciate all of you for being here today. We do look forward to your testimony but let me remind you that we have read your written statements and they will appear in full in the hearing record. Pursuant to committee rule 7(d), and the committee practice, each of you is asked to limit your oral presentation to a 5 minute summary of your written statement. And let me remind you as well that pursuant to Title 18 of the U.S. code, section 1001, it is illegal to knowingly and willfully falsify any statement, representation, written or in writing A document or material fact presented to Congress or otherwise concealed to cover up A material fact. And so before you begin you testimony, please remember to press the button on the microphone in front of you so it will turn on and the members can hear you. And as you begin to speak, the light in front of you will turn green. After 4 minutes, the light will turn yellow to signal that you have 1 minute remaining. And when the light turns red, your 5 minutes have expired and we would ask that you would please wrap it up at that time. We will let the entire panel make their presentations before we move to member questions. When answering a question, please remember to once again turn your microphones on. We are going to first recognize Ms. Patricia Moon-Updike. Ms. Moon- Updike. STATEMENT OF PATRICIA MOON-UPDIKE, WISCONSIN FEDERATION OF NURSES AND HEALTH PROFESSIONALS Ms. MOON-UPDIKE. Thank you, Chairwoman Adams, Ranking Member Byrne and members of the subcommittee for this opportunity to testify today. My name is Patricia Moon-Updike and I am a registered nurse and member of the Wisconsin Federation of Nurses and Health Professionals which is affiliated with the health care division of the American Federation of Teachers. I also want to thank Representative Courtney for developing the legislation. This hearing gives voice to those who cannot speak for fear of retaliation. During my career I worked in an ICU, in obstetrics, in the correctional health services and as a psychiatric nurse. I got to be what I wanted to be when I grew up. During--then, on June 24, 2015, it all changed. I was working in the Behavioral Health Division of Milwaukee County in the Child and Adolescent Treatment Unit. I was so excited to be working with these kids. It was close to the end of my shift, and I was sitting with a new nurse orienting on the unit. There was a boy, quite large for his age, who was getting very aggressive in the hallway. This young man, who was very well known to the staff and management, had a history of breaking windows and damaging doors in--on that the unit. He was not assigned to be my patient that day, but the new nurse that I was orienting felt that he needed to intervene so I also went to help. The youth was screaming and thrashing. Along with his assigned nurse, we worked to deescalate the situation and we needed to get him into the seclusion room. Someone gave the code for security and we believed that four security guards would be coming to help but only two of those security guards arrived. The patient was bucking and screaming but we got him into the seclusion room and set him on the mattress on the floor and someone yelled clear. Everyone stepped back away from him and then he then spun around on his back and kicked his leg high in the air striking me in the neck, hitting me with such force in my throat that my head snapped backward and I heard a bang and a pop and all the air rushed out of me. I grabbed my throat. Someone pulled me out of the room and I remember sitting in a chair not being able to breathe, holding on to my trachea for dear life and I knew that if I let it go, it would collapse and I would die right in that hallway. I was praying to stay conscious. I was taken to the trauma hospital, which fortunately was right across the street. I was so scared out of my mind and I feared that I would not be able to say goodbye to my children. I woke up after surgery with a large collar around my neck and I was fortunate. I was in pain. I was bruised and I was in shock but my trachea was intact and I was breathing on my own. Two days later the nightmares started. I couldn't sleep. I figured it would pass. However, this was a different kind of feeling than I had ever experienced before. As time passed, I became more scared of people and children being unpredictable. Excuse me, sorry. Since this injury in 2015, I have been diagnosed with moderate to severe PTSD, moderate anxiety, insomnia, depressive disorder and social phobia related to this incident. I suffer from terrible memory problems. I cannot wear a seat belt properly, it comes too close to my neck and I have to wear it around my waist. I have not been to a mall, a concert or a sporting event since this assault due to my fear of crowds. I loved being a nurse. I do not know what to call myself now. There is a deep loss when you used to make a difference in the lives of people, in your true calling and passion and now in that place is extreme sadness and fear. The assault that happened to me was not random or a freak event, but a predictable scenario that could have been prevented had there been a plan in place and more trained staff to assist. The individual who assaulted me should have been on a one to one assignment given his previous behavior on that unit. There should have been four security officers and there should have been a plan in place to provide more security if there had been multiple incidents going on simultaneously. My colleagues spoke to management and pressed for improvements but our voices were not heard. I know that the requirements in this legislation can help prevent violence. Under this bill, the facility that I worked in would be required by OSHA to develop violence protection program. This is crucial because currently there is no oversight in that facility by OSHA or by any State agency. We can't accept violence as part of the job. Prevention is possible. When systems are put into place to reduce the risk of violence when nurses and health care workers are safer, so are our patients. We need the equipment, personnel and training to do our job safely. Our parents, our patients and our health care system cannot afford to lose more good nurses and health care workers to prevent preventable violence. Since the assault I have challenged myself to do things to beat this. I try to still be the person I used to be. I promised my union that when I was ready, I wanted to help other health care worker providers and I hope telling my story will help prevent assaults like this on other health care providers. With your help it will. I thank you and I respectfully urge you to support this legislation. [The statement of Ms. Moon-Updike follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman ADAMS. Thank you very much, Ms. Moon-Updike. Dr. McClain, you are recognized for 5 minutes. STATEMENT OF ANGELO MCCLAIN, CHIEF EXECUTIVE OFFICER OF THE NATIONAL ASSOCIATION OF SOCIAL WORKERS Dr. MCCLAIN. Thank you, Chairwoman Adams and Ranking Member Byrne and subcommittee members for the opportunity to speak to you today and share some of my experiences as a social worker over the last 30 years. I want to start by telling a story of my first day on the job as a social worker. First day, first hour. I was a--it was 8 a.m. in Amarillo, Texas and a coworker came and said go with me, we have got a case. We drove into the black community and we knocked on the door and the mother said we do not allow white people in our home. So the worker turned to me and said I guess this one is yours. And so I went in to the home. The door shut immediately behind me. And low and behold there was the largest butcher knife I have ever seen in my face--in my life in my face. And the mother said to me if you get us in trouble I will hunt you down and I will kill you in a dark alley. And I looked in--deep into her eyes and I knew she was serious. And due to my training, I said to her, ma'am, you know, please put down the knife. I am here to make sure your children are safe. Luckily her husband came out of the back of that point and said honey, I think he is here to try to help us. Fast forward a few years later, I found myself in one of the largest housing projects in Boston. And I went to visit, I had this one client I saw every Thursday at 11 a.m. so she knew I was coming. And when I got there she was sitting outside on the stoop which is never a good thing. And I said to her why are you out here? And she said well, you are going to be taking my children today. I said why are you saying that? She says you've been real clear. If A, B, C, and D aren't in place my children had to go in foster care. Then she starts yelling he is here to take my kids, he is here to take my kids. And a crowd of about 30 to 50 people gathered around and encircled me and several of those folks had weapons, one individual in particular had a gun and he wanted to make sure that I knew he had a gun. And I thought how did I get myself into this situation and how do I get myself out of it. So I told them I am here on official business and I want you to disperse. I am going to count to three and if you don't disperse, you're going to be in a heap of trouble. I used the word heap intentionally thinking that might throw them off. And I counted to three. Luckily they dispersed and I was able to conduct my business and help that mother and eventually she became one of my better clients. I kind of share these stories to let you know that the--to try to put a face on this and thank you, Patricia, for your comments. These tragedies that happen to social workers and health care providers, they are far too common. If you take a-- and I'll share just a half a dozen or so situations I'm aware of. In Congressman Courtney's district in Connecticut in 1998, a social worker was murdered by a client as she was entering her agency. In 2008 there were two fatalities of a social worker, Brenda Yeager in New York as she was making a home visit. She was beaten and suffocated. In Massachusetts in 2008 Diruhi Mattian was murdered while she was doing a home visit. In 2009, retired Commander Charles Springle, a Navy social worker was shot and killed along with four other colleagues by a service member who was seeking counseling services. In 2011, Stephanie Moulton from Massachusetts was killed by a client with mental illness as she was working in a group home. In 2015, Laura Sobel from Vermont who was working for the Department of Children and Families there, she was murdered while she as exiting the building in her parking lot. And just last year, Pamela Knight who worked for the Illinois Department of Children and Families was murdered in the line of trying to protect children. And I could go on and on with these stories. Believe it or not, social work is among the 10 most dangerous professions that we have. Social workers and health care professionals are twice as likely as others to face violence at work. In a study in 2003, we learned that 58 percent of social workers out of about 1,000 respondents reported that they had experienced violence in the workplace. And 15 percent of them had been physically assaulted within the past year. Based on the studies I have looked at, there is about 30 percent of social workers who have had a physical--have been physically assaulted at some point in their career. 48 percent of social workers in a study reported that they had no knowledge of an agency safety policy. Violence, workplace violence against social workers is real and it happens frequently. In 2013, the Bureau of Labor and Statistics reported over 1,000 social workers were injured on the job. And we know the numbers that we are aware of. One study shows that it was 85 percent under counting in those situations. There is hope. Some of my work in Massachusetts and some of the work that Governor Patrick did there, we were able to put some measures in place. We passed a Social Workers Safety Act in 2013 which required all agencies to have a violence prevention plan. Fast forward 6 years later, those things are in place. And Governor Patrick in 2009 signed into legislation a Massachusetts Employee Safety and Health Advisory Committee-- Chairwoman ADAMS. Dr. McClain, can you wrap up please? Dr. MCCLAIN. Yes, I can. Because of OSHA standards didn't apply to State employees. I think it is essential that the OSHA standards that we get legislation that would put those standards in place. Thank you. [The statement of Dr. McClain follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman ADAMS. Thank you, sir. Mr. Rath, you have 5 minutes, sir. STATEMENT OF MANESH RATH, PARTNER, KELLER AND HECKMAN Mr. RATH. Good afternoon, Chairwoman Adams, Ranking Member Byrne, and members of this subcommittee. I am grateful for the opportunity to participate in this hearing on H.R. 1309, Protecting Health Care and Social Service Workers from Workplace Violence. My name is Manesh Rath and I'm a partner at the law firm Keller and Heckman in Washington, DC. I work with clients every day to develop a sound and effective approach to improving workplace safety and health. In my testimony today, however, I am expressing only my own understanding of the fields of occupational and safety and health law and administrative law, and I am not here as a representative of my firm, its clients, or any other entity. First, let me say we all share a common goal to improve workplace safety and health for health care workers. Furthermore, it should be beyond dispute that employers have an important role to play in addressing the identifiable and manageable risks to health care and social service workers. However, this bill as drafted raises concerns on several grounds. I'll address two. First, this bill directs OSHA to proceed straight to publishing an enforceable interim final rule without the preliminary step of identifying the causes that are known to be manageable by an employer and any proven employer interventions. This would neglect the longstanding principle that safety and health standards should be based on evidence. The causes of workplace violence in health care are far from understood and the remedy remains unclear. Stakeholders can help us understand whether a standard is the right approach and if so the proper scope and applicability of that standard and what management programs should be adopted that would be most effective. Before proceeding to rulemaking to develop a legally binding standard, OSHA should review its experience with its own guidelines that it has published and try and learn what experiences it has gained from having issued citations against employers under its own General Duty Clause of the Occupational Safety and Health Act. In fact, this was the opinion of the Government Accountability Office in a report issued to OSHA and OSHA agreed. Separately, the Centers for Disease Control issued a separate report suggesting that more research had to be done into the causes and preventions associated with workplace violence. Second, this bill would direct OSHA to adopt and implement an enforceable, interim final rule without the well accepted principle of administrative due process that Congress required the agency to implement under the Occupational and Safety and Health Act and the Administrative Procedure Act. Specifically, the idea that when contemplating a rule, an agency should put out notice to all that the possibility of a rule is forthcoming and then to allow for comments by affected stakeholders and to consider those comments before publishing a final rule. Those are the shared cornerstones of administrative law and have been so for 72 years. This bill in fact acknowledges the importance of deriving experience and insight from stakeholders. No less than six times in Section 103 of this bill, Section 103 is the section which provides a minimum standard for OSHA to implement. And no less than six times in Section 103, the minimum standard, the standard would require employers to seek input from stakeholders from employees, unions, and co-located employers. And yet, by the same hand that drafted Section 103, this bill would seek to deprive all stakeholders of the opportunity to assist in collaboratively fashioning perhaps a better standard. And it's not just employers that this bill would seek to silence though employers have amassed a considerable experience through trial and error and through the collaborative process but also employees would be kept from participating in the rulemaking process as stakeholders in the comment and hearing process. Unions and professional associations that represent those employees and as well security and technology firms who have developed perhaps technologies that have been successful or are further improving on those technologies that could be more successful in the field of workplace violence. Insurance carriers have amassed a trove of data that would benefit the process of developing a better rule and the scientific and medical communities who perhaps have valuable insight into the etiology of workplace violence and perhaps also into if effective interventional modalities. Any effort to address the issue of workplace violence in health care should be thoughtful, should be based on data, and on the expertise of those who have experienced it and those who study it. This subcommittee can and should have faith that the collaborative input of those with experience and learning in this field will yield a better approach than the bill we have today. I thank you for the opportunity to appear before you today and I look forward to addressing any questions you may have. [The statement of Mr. Rath follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman ADAMS. Thank you very much. We are going to have to recess to take votes. We are watching the clock out here as well and we will be back immediately after those votes are taken. Thank you very much. [Recess] Chairwoman ADAMS. Good afternoon and thank you for your patience. The hearing is called back to order. Dr. Lipscomb, you are recognized for 5 minutes. STATEMENT OF JANE LIPSCOMB, PROFESSOR OF NURSING AND MEDICINE, UNIVERSITY OF MARYLAND Dr. LIPSCOMB. Chairwoman Adams, Ranking Member Byrne and members of the subcommittee, my name is Jane Lipscomb. Thank you for this opportunity to present my views on the compelling need to protect frontline workers under the Workplace Violence Prevention for Health Care and Social Service Workers Act. My training is as a nurse and an epidemiologist. I have spent my career, including the past two decades as a Professor of Nursing and Medicine at the University of Maryland researching and addressing the epidemic of occupational health and safety hazards facing our Nation's health care and social service work force with a focus on work place violence prevention. Of the range of hazards faced by health care and social service workers, few issues have received less attention than the hazard of workplace violence. This is despite the fact that this work force experiences a higher number of non-fatal assaults than any other work group. And let me be clear, I am not talking about the random acts of violence that get much media attention. I am referring to the systemic acts of violence that occur every day in these workplaces that are predictable and therefore preventable. The good news is that we know how to prevent much of this type of violence. In the course of my work I have conducted federally funded research into how to prevent workplace violence in hospitals and other high risk settings. In addition, I have consulted with numerous State and Federal agencies on how to advance workplace violence prevention. Quite frankly I have had too much firsthand experience working with victims of workplace violence, or in the case of workers who were murdered by patients in their care, their bereaved families. Fortunately though, the vast majority of assaults on health care and social service workers are non-fatal. The risk of workplace violence that I am most concerned about arises from exposure to individuals, their family members and visitors, who sometimes are violent, in combination with a lack of sufficiently strong violence prevention programs. Patients, especially those in hospitals and residential settings are often traumatized by the experience, in pain and may have altered cognition due to their illness or treatment, including prescription and illicit drugs. They may not intend to assault their caregiver, but regardless of their intent, an employee is still injured. And as we heard this morning, often both physically and emotionally. While I believe that patient rights and confidentiality are important and must be respected, health care and social service institutions also need to recognize that workers in these facilities have a legal and moral right to come home safely at the end of the day. My experience and research show that both concerns can be reconciled and H.R. 1309 does that. I am here to testify that workplace violence prevention plans, tailored to the specific risk, workplace, and employee population work. By contrast, voluntary guidelines such as those that were first published by OSHA in 1996 and updated in 2015, do not protect the vast majority of employees, because they fail to incentivize employers to act voluntarily to address this hazard. I can attest to that fact because the vast majority of health care workers who I have spoken with report that they do not have a workplace violence prevention plan or that they have a paper plan that does little to nothing to protect them from the ongoing risk of violence. Evidence that workplace violence prevention plans are feasible and work includes research from Wayne State University, the Veterans Health Administration and others, as well as my own research. Here I would also like to emphasize that worker and patient safety are inextricably linked. When there is an insufficient number of staff to meet patient needs, they act out not only toward their caregivers, but also toward other patients. Ask anyone who has a family member or a friend who has required in patient mental health services and you will hear that is the case. And finally, I would like to address workplace violence protection afforded under the General Duty Clause. Currently, when an employer fails to address the problem voluntarily, the General Duty Clause is the only tool employees have to advance workplace prevention in their workplace. The General Duty Clause is a cumbersome and ineffective means of seeking protection requiring a very high burden of proof in order to issue such a citation. In the small number of cases where OSHA has cited an employer, the employer may contest the citation, requiring the Department of Labor and the company or employer to expend resources fighting that citation, rather than investing in preventing the hazard. Such cases end up in a hearing before an administrative law judge. In the two cases where an administrative law judge's decision has upheld the citation, including in Integra Health Management case, the employer has appealed the decision to the OSHA Review Commission, resulting in more costs and delays. It is my fear that an adverse ruling in either of these appeals would seriously compromise OSHA's ability to enforce future workplace violence protections. Chairwoman ADAMS. Ms. Lipscomb, can you bring your comments to a close please? Dr. LIPSCOMB. OK. H.R. 1309 is a relatively modest and straightforward piece of legislation that would do much to stem workplace violence among the hardworking and committed work force for far too long. I urge this subcommittee to act on this important bill. Thank you so much. [The statement of Dr. Lipscomb follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman ADAMS. And thank you very much. Thank you all for your testimony. Under committee rule 8 (a), we will now question witnesses under the 5 minute rule and I want to recognize myself for 5 minutes. Ms. Moon-Updike, can you explain to the committee how passage of this bill and issuance of an OSHA standard could have prevented what happened to you? You need to--right. Ms. MOON-UPDIKE. Yes, thank you, Ms. Chairwoman. Absolutely. This bill provides for increased security. I worked in a facility where there was not enough security for all the units that were in that building. If multiple incidents were going on at one time, that security force was extremely compromised. And at many times of the day, there were multiple incidences going on at one time so you couldn't have the amount that you needed to help with those restraint situations or crisis calls that were going on throughout the day. Also, the--when my incident happened, that young man had been aggressive throughout the entire day. If he had been--if the staffing was the way that it could have been, he needed to be on a one to one staffing situation. And if management would have taken the initiative to do that, my situation wouldn't have happened at all. Chairwoman ADAMS. OK. Thank you very much. Mr. Rath, H.R. 1309 requires OSHA to issue an interim final standard on workplace violence within 1 year but then it gives OSHA an additional 30 months to issue a final standard. Yet you state that a safety or health standard should be adopted only after gathering input from the affected stakeholder community. So can you tell me where in H.R. 1309 OSHA is kept from gathering input from affected stakeholders before it issues a final [standard] or tells OSHA not to adopt and implement a final rule without the traditional rulemaking procedures as you claim in your testimony? Mr. RATH. Thank you for your question. The proposed standard in Section 102 I believe, and I can point you to it if you're asking, calls for a suspension of it's in Section 101 (a)(2) where it states that the applicability of other statutory requirements shall not apply. One of those is Section 6(b) of the Occupational Safety and Health Act and the other is Chapters 5 and 6 of the Administrative Procedure Act. Those are fundamental-- Chairwoman ADAMS. Excuse me. But that is for the interim standard, not the final standard. Mr. RATH. Ms. Adams, your question was about the final? Chairwoman ADAMS. The final standard? Mr. RATH. The problem with waiting until the final standard to allow stakeholder involvement, is that at that point the interim final standard, which is enforceable, has already been put into place and there will be no suspension of enforcement during that period. So, employers are going to have to expend resources for workplace practices, for engineering controls. And to do so, they will do so temporarily only to have to change those processes again as a final rule is published. So, it's not--the concern with due process here is not that stakeholders won't get a chance to participate in the development of a final rule, it's that by that point, it's first of all too late. Second of all that the resources will have already been exhausted during a year during which those interventional modalities will have been nothing more than temporary and perhaps misspent especially if developed in the absence of that stakeholder input in the first place in the development of the interim final report. Chairwoman ADAMS. OK. You state that the California Workplace Violence Standard took only 14 months to issue. Are you aware of how long on average it takes OSHA to issue a new standard? Mr. RATH. There are some standards that haven't taken much longer than that. And OSHA has a number of standards that it has been able to effectively implement in less than 2 years. This proposed bill would take about the same amount of time. It would take some time for the bill to be enacted and then after that, OSHA has up to 1 year under the terms of this bill to implement an interim final rule. And it is conceivable that OSHA could publish a, publish a standard in that time. But much more importantly, OSHA has other tools within its capacity to address the question of workplace violence in addition to promulgating a rule and those should be explored as well. But haste shouldn't be a substitute for gathering evidence and data from those affected stakeholders. I think that is really one of the most important parts of what is of concern to a large number of stakeholders about this proposed ruling. Chairwoman ADAMS. Thank you, sir. I'm going to now recognize Dr. Foxx for 5 minutes. Mrs. FOXX. Thank you for very much, Madame Chairman. Mr. Rath, thank you for being here. Thanks to all the witnesses for being here. The bill being discussed today would require OSHA to issue an interim final standard without the agency going through the proper rulemaking process and without the agency gathering additional data from employers or affected workers. We have been told as recently as yesterday that the Committee believes in evidence-based policymaking as I do. Would data from employers and workers on work force-- workplace violence in the health care and social service sectors be helpful in crafting an evidence-based policy on this issue? Mr. RATH. Thank you for that question, Dr. Foxx. I think that the gathering of evidence is one of the most important things that government can do when promulgating a rule. And indeed, in the Occupational Safety and Health Act, that has been written into the requirements for rulemaking both for safety and for health standards and that evidence comes from all directions. It's a truly bipartisan process of gathering evidence from employees, employee groups like unions and professional associations, the scientific and medical community and as well employees and I'm--I would be remiss if I didn't also mention that the insurance carriers have amassed amazing data that it would be irresponsible to turn our backs on in developing a rule of this type. Mrs. FOXX. Thank you, Mr. Rath. What's the purpose of an agency skipping to an interim final rule rather than going through the normal process of issuing a proposed rule first before proceeding? And if OSHA were to promulgate a workplace violence standard such as the one mandated in H.R. 1309, would it be appropriate to skip to an interim final rule? And I know you have addressed this a little bit earlier but I want to give you a chance to emphasize it. Mr. RATH. Well, thank you for your question. I think that I can think of very few good reasons why a Congress would mandate that an agency go directly to an enforceable interim final rule without that process of going through due process rulemaking including seeking evidence from stakeholders. The stated reason in the bill seems to be a sense of haste and a mistrust that the agency will do what it is supposed to do in going through the rulemaking process. And yet for 40 years, or more, OSHA has faithfully executed its mission and examined the question of whether or not a rule should be promulgated first, as at threshold question. And then where it has believed that rules should be promulgated as it has done so on a number of occasions. The books are filled with OSHA standards but that process should involve the stakeholders that the act calls upon OSHA to seek the opinions of. Mrs. FOXX. Thank you. Another question. My friends on the other side of the aisle are quick to say that OSHA isn't moving fast enough in issuing the regulation we are discussing at this hearing. However, we have been waiting almost 16 months for the Democrats to stop blocking confirmation of the assistance sectary of OSHA. If OSHA were to have a confirmed assistant secretary, do you think that would help them and implement policy including regulations such as the one being discussed today? Mr. RATH. Well, that's a great question and thank you for the question. Without a doubt, and taking nothing away from the acting assistant secretary of OSHA who is doing an outstanding job. The assistant secretary responsible for heading the agency is--plays a significant rule in the development of policy, in the development of prioritizations and there can be no doubt that a more successful and effective process for nominating and putting--installing that person into the position would result in a more efficient rulemaking process as with every other function at the agency. But I don't think it's safe to say that the agency has not done enough to address this issue. In 2016, it developed a request for information and the year prior it modified its guidance document on workplace safety and health care. Then the following year, it issued the request for information and its gathered information on that and it has put the question of workplace violence in health care on the regulatory agenda and it has called for the convocation of a SBREFA panel as--on its website as early as next month. And so I think it is by all accounts appears to be moving rapidly on the subject of workplace violence in health care. And I think the best thing we can do is let it take its course in gathering the evidence and to do this process properly. Mrs. FOXX. Thank you. I had a fourth question but I will submit it for the record. Thank you, Madame Chairman. Chairwoman ADAMS. Thank you. And thank you very much. I'm going to recognize now the gentlelady from the State of Washington, Ms. Jayapal. Ms. JAYAPAL. Thank you, Chairwoman Adams, for holding this important hearing today on workplace violence. As we have heard, unfortunately workers across the country face this terrible situation of workplace violence and for health care workers, there are serious risks of violence based injury-- nearly 5 times greater than other sectors. These are the people who care for our loved ones and I particularly want to thank Ms. Moon-Updike and Dr. McClain. We cannot simply accept the risk of violence as quote, ``part of the job.'' We are lucky to have such dedicated workers as the two of you and many others across this country who take on these roles but we can't expect you to put yourselves in harm's way every single day simply because we don't do our job and check that violence. There are common sense changes that can be implemented and a great deal of this violence and risk can be managed and prevented. For example, Aria Jefferson Health in Philadelphia implemented several different measures that led to a reduction of violence based injuries by 55 percent over just 3 years. This could keep our workers safe and save lives. So let me start, Ms. Moon-Updike, with you, and I want to thank you so much for your testimony and I'm so sorry that you have had to go through such a traumatic experience. You said that you and your colleagues talked to management after the injury. What did they do in response to your complaint and do you feel that your voices were heard just when it is a voluntary issue of management taking up these concerns? Just turn on your microphone. Ms. MOON-UPDIKE. I'm sorry. Ms. JAYAPAL. There you go. Ms. MOON-UPDIKE. Actually, management had told us that they were trying their best. And it is often and I don't know how many of the general public are aware that there is a code of silence in the nursing profession that you don't report. It is highly underreported the injuries in the nursing profession. It is and excuse my vernacular, but it is pretty much suck it up and take it. And it is not--it is not very well tolerated to report when you have been injured because often it falls back onto you as it was your fault for not being careful enough or using a protocol. So when we approached management, it was what didn't you do properly? Not how can we help you. And often again that is the common response. Ms. JAYAPAL. OK. Ms. MOON-UPDIKE. So often that is why it goes under-- violence goes under reported. Ms. JAYAPAL. And as so much violence does. Ms. MOON-UPDIKE. Right. Ms. JAYAPAL. Thank you so much for that. Dr. Lipscomb, can you comment on Mr. Rath's testimony that quote, ``The bills assertion that employer organizations have challenged OSHA's authority to enforce against workplace violence hazards is misleading?'' Dr. LIPSCOMB. I think the fact that employers that have been cited under the General Duty Clause are contesting those citations in a number of cases is pretty clear evidence of that. Ms. JAYAPAL. Thank you. And can you discuss some of your specific research and the research of others that discusses the effectiveness of workplace violence prevention programs such as those recommended by OSHA and its guidance and required by H.R. 1309? Dr. LIPSCOMB. Certainly. I would say most the research that has looked at interventions in the last 10 plus years have all used the OSHA guidelines basically as a template. And fortunately, there was finally a randomized controlled clinical trial which was the gold standard in research that was conducted over a 5-year period of time out of Wayne State University researchers. They had 7 different hospitals and they randomly assigned an intervention based on the OSHA guideline to 20 units and 20 units didn't get the intervention and they found over the course of 2 years that workplace violence-related injuries were reduced by 60 percent which was very interesting case. It is the same number that you just cited from the Aria Jefferson. Ms. JAYAPAL. Right. And I'm just running out of time so I am just going to wrap this to say that it sounds like there is a lot of research out there. So let me just ask you my final question. Do you think that these findings and the other data that has been presented by the GAO justify this legislation requiring OSHA to move rapidly on issuing a workplace violence standard? Dr. LIPSCOMB. I definitely do. Ms. JAYAPAL. Thank you Ms.--Dr. Lipscomb. I yield back, Madame Chair. Chairwoman ADAMS. Thank you very much. At this time I want to recognize the Ranking Member Mr. Byrne. Mr. BYRNE. Thank you. Mr. Rath, I was listening to what Ms. Moon-Updike was saying and what would trouble me is if an employer retaliated against her or other coworkers at that place of employment. Under OSHA, isn't there a prohibition on employers retaliating against an employee that reports workplace violence or makes any sort of comment about the need for improvement? Mr. RATH. Thank you for that question, Ranking Member Byrne. Yes, the Occupational Safety and Health Act under Section 11(c) prohibits retaliation for any instance where an employee has exercised their rights under the act and reporting an instance of an injury or an illness is covered as well under a separate regulation as well as under that section for the act. So there are protections and there is no doubt that the idea that an employee should be protected from retaliation not only is but should be a protection that should exist for employees under that act. Mr. BYRNE. When OSHA starts a formal rulemaking process, you know, there are several important and necessary opportunities for the regulating community to weigh in on the best approach for a solution that is workable, feasible and effective. Given that this bill requires OSHA to quickly issue an interim final standard would there be any opportunity before the interim final standard for the public including the employer community to submit comments prior to any of these being subject to that regulation? Mr. RATH. Thank you for that question. No, and that I think is one of the most troubling parts the bill as it's currently drafted. The bill specifically directs the agency not to seek any input from any stakeholders and informs the agency that a bill which is drafted in template in Section 103 or something at a minimum that looks like that section should be implemented without any stakeholder involvement. And that not only includes the comment process but it also includes hearings that are typical in the rulemaking process and it includes the small business or the small business panel, the SBREFA panel process. So there is a number of processes where stakeholders get to become involved in a rule that this bill specifically directs social deterrents back upon. Mr. BYRNE. We know that California was the first State to issue a workplace violence prevention standard covering health care workers back in 2016. Given that the legislation before us today closely mirrors that standard, Mr. Rath, is there--are there any takeaways from the California experience that this committee should be aware of? Mr. RATH. Well, thank you for that question. The problem first is that there hasn't been enough time to gain experience on the efficacy of that standard. Second of all, there have been perhaps eight States that have developed some similar standard on the subject and it would be better to look at the best elements of each of those standards rather than modeling a standard off of just one State. And then finally, I would say that if there has been any early feedback, is that rule was too hastily put together without stakeholder involvement and that there are ways to have made that rule or this rule for that matter better in protecting workers from workplace violence and I don't think that haste is the best way to seek out those better opportunities. Mr. BYRNE. I thank one of the things that concerns me as someone that practiced in this area is that I know that industry has a direct interest in making sure that there is a safe workplace. Because there is significant liability, I know you would agree with that, if industry doesn't do that. So often times, the real experts on what the best predicts are to keep workers safe are the employers themselves and so you look to the employment and the employer community because they are the ones that have the experience. You also referenced the insurance companies that have a whole lot of data. They're the ones that come forward and say look, we know because we do this all the time. We know what works and what doesn't work. You add to that the experience of people like Ms. Moon-Updike and other people like her, all of that comes in play for the agency to sit down and make a very thorough, well thought out process. Isn't that the goal here is to have all these people with all these points of information and expertise to give that to the regulating body before they make a decision including interim final rule? Mr. RATH. Mr. Byrne, I think that is exactly right. Not only so, but as well the scientific and medical communities who understand the science of the causes of workplace violence. But the employers themselves are not to be neglected. It's possible and it's probably true that some employers have not done enough on the question of workplace violence in the health care industry. But the leading employers in any sector, in any industry have come up with the best practices collaboratively through their industry associations and individually they have come up with leading practices on the management of workplace safety and health hazards and that would be true as well for workplace violence. And to solicit their acquired experience would be I think a route to making this draft standard better. Mr. BYRNE. Thank you for your testimony and I yield back. Chairwoman ADAMS. Thank you very much. I want to recognize the chair of the Committee on Education and Labor, the gentleman from Virginia, Mr. Scott. Mr. SCOTT. Thank you. Thank you, Madame Chair and thank you for holding this hearing. Let me ask a question of I guess Ms. Lipscomb. What kind of initiatives can be adopted that would actually make a difference? What are some examples of those kinds of actions? Dr. LIPSCOMB. Well, I think it's pretty clear because the 9 State laws that have been passed including the California law, all basically say the same thing. They all call for this process of preparing a workplace violence prevention plan that involves direct care worker input and a number of processes to evaluate the risk in your workplace and then design interventions which are commonsense and specific to the workplace-- Mr. SCOTT. Like what? Dr. LIPSCOMB [continuing]. to address those problems. Mr. SCOTT. Like what? Dr. LIPSCOMB. There are different types of engineering devices. We have heard about the need for security from Ms. Moon-Updike. I have been in a lot of facilities where they have inadequate means for an individual worker to summon support when they are being threatened or attacked. There is certainly the issue of staffing is one that a number of organizations including the one that your colleague mentioned at Aria Hospital in Pennsylvania has invoked. So there are a whole series of interventions that are outlined in the OSHA guidelines and they have actually even been adopted in the various publications that have come out from the Joint Commission. So I think there is really a consensus in the field that what is needed is workplace violence prevention plan which is what is outlined in this bill. Mr. SCOTT. And you have shown through research that when you have such a plan, the injuries go down? Dr. LIPSCOMB. There is research that indicates that, yes. Mr. SCOTT. Now we have been working mostly on guidance, it that right? Dr. LIPSCOMB. Right. So-- Mr. SCOTT. And is guidance enforceable? Dr. LIPSCOMB. No, guidance is not enforceable. Mr. SCOTT. Is the interim final rule after 1 year enforceable? Dr. LIPSCOMB. My understanding is that it would be, yes. Mr. SCOTT. Mr. Rath, do you know if the final interim rule is enforceable? Mr. RATH. As the bill is drafted, Mr. Scott, the Section 103 standard would be enforceable without any stakeholder comment but the guidance serves as the baseline or a baseline for enforceability under Section 5(a)1 of the Act. So there is enforceability right now and there has been enforcement. Mr. SCOTT. But the guidance would be enforceable only as it pertains to an existing regulation. Mr. RATH. Well, the Section 5(a)1 which is called the General Duty Clause of the OSHA Act allows for enforceability if there are generally accepted hazards that are recognized by the industry and that there are feasible means of abatement that an employer is not taken. Mr. SCOTT. OK. Dr. Lipscomb, Mr. Rath just suggested that the interim rule would be done without input. Is that in the bill? Dr. LIPSCOMB. OSHA has already had a request for information around their plan to develop a workplace violence prevention standard. So there certainly was the opportunity in there, I was part of both that hearing public meeting so there has been input that has already been provided. And there has been input from stakeholders all around the country around these other 9 actual laws and as I said, experts in health care safety and patient safety have all written documents that recommend pretty much the same measures that are described in this bill. So I completely disagree that there hasn't been an opportunity for stakeholder input. In fact, I think there is a consensus in the industry on what is needed. Mr. SCOTT. Thank you and I yield back. Chairwoman ADAMS. Thank you. I thank the gentleman for yielding. I want to recognize the gentleman from Virginia, Mr. Cline. Mr. CLINE. Thank you, Madame Chair. Mr. Rath, transparency is a very important issue for me and one that I have worked on in the State legislature for many years. Another unique step in the OSHA rulemaking process is that the public can request a public hearing on a rulemaking and it seems in keeping with transparency like an important and valuable step in allowing stakeholders to share any concerns or perspectives on an issue. How would this step help in promulgating a standard such as the one we are discussing here today? Mr. RATH. Thank you for that question. So the administrative rulemaking process calls for first notice to everybody about a proposed rule and then people get to file comments and then there is often a hearing and the hearing--and the--to answer your question, the hearing serves the valuable role of allowing the agency as well as stakeholders to question the authors of those comments and to question various other critical stakeholders on the sufficiency of their comments to test the reliability of those comments to further understand any ambiguities that might have incidentally arisen from those comments. And that dedacted process that takes place in those hearings like any rulemaking in any governmental branch is the place where people develop a fuller understanding of what is being proposed and what the comments are about that proposal and this proposed bill would eliminate that critical rulemaking step. Mr. CLINE. Thank you. And I also see that one of the implications of this bill is that it would allow this particular rulemaking to skip ahead for lack of a better term, in line and in front of all other ongoing OSHA rulemaking efforts. In your opinion, what are the circumstances under which OSHA should choose to expedite a rulemaking effort in this manner and does this issue demand that level of prioritization above all others? Mr. RATH. That is a good question. Well, to begin with we have some guidance on when OSHA should choose to move an issue to the top of its rulemaking danger and that comes through emergency temporary standards for example. Where if for toxic substances or for a new hazard, the agency may implement an emergency temporary standard but even then rulemaking, the proper rulemaking process should be observed. It's simply that this gives us some idea of what constitutes an emergency. And in this case, we are not dealing with a new hazard. This is something where OSHA issued its first guidance in 1996. As to what are the kinds of circumstances here that would permit us to conclude that this is an emergency or deserves to go to the top of the list? Well, I think that is precisely the question that stakeholders should be able to weigh in on and although there are some statistics that have been reported, I think that the rulemaking process where stakeholders participate gets to test the sufficiency of those statistics as against all other OSHA priorities. It may be that the collective number of cases reduced by all of the other elements of the OSHA agenda may or may not outweigh the urgency dictated by the statistics of the number of cases in the field of workplace violence and health care. Mr. CLINE. Thank you. And finally, as you know, OSHA still lacks an assistant secretary to lead the agency more than 2 years in the Trump administration and 16 months after he was nominated to the post. What role does the assistant secretary have in creating and prioritizing OSHA's regulatory agenda and how does this obstruction interfere with that? Mr. RATH. Well, it's a great question and the assistant secretary has a significant hand in the development of policy as well as prioritization of projects. And in the absence of a secretary, and again, the assistant secretary, the acting assistant secretary has been doing an excellent job. But in the absence of an actual assistant secretary, it is difficult for the agency to move forward on significant initiatives lacking that guidance from a person who has been empaneled in the proper procedure. Mr. CLINE. Thank you. Madame Chair, I yield back. Chairwoman ADAMS. Thank you very much. Oh, OK. I want to recognize Mrs. Omar. You are recognized for 5 minutes. Ms. OMAR. This juggle between committees is an exercise we have to get used to. Thank you. Dr. Lipscomb, in your testimony, you acknowledged that health care workers are more likely to experience non-fatal assaults than any other worker group. And that to me seems like a scary statistic. And so I wanted to see if you can maybe tell us a little bit within your extensive research, have you been able to collect any data on the rates of violence against workers and in particular, I know that many of the workers within nursing or within hospitals, assistant nurses, tend to be immigrants. And so I wanted to see if you can tell us if you have some data around immigrant workers and how they might be targeted and might be vulnerable in the workplace. Dr. LIPSCOMB. Thank you for that question. I believe the statistics are that 1 in 6 health care workers are an immigrant so there are obviously make up a substantial proportion of the health care work force. When it comes to the job titles of nursing assistants or tech or someone who is a personal care assistant in the home, those are extremely high risk kinds of job occupations and they are much more likely to have a larger proportion of immigrants working in the particular roles. And there is one statistic from the Paraprofessional Health Institute that indicates that 1 in 4 of the workers that provide physical care to, you know, all of our elderly and disabled in the home are immigrants. And I can get you that reference. Ms. OMAR. Yes. So with about 25 percent of those workers being immigrants, the threat of violence and harassment and the fear of having your status held against you is something that may for these workers know a little too well. Dr. LIPSCOMB. Right. Ms. OMAR. And many of these immigrants might be afraid to file complaints against discrimination or harassment or violence they might face in the workplace. So I wonder if you have any suggestions for us here in Congress to provide protections for some of these vulnerable workers that a lot of people don't think about when they're putting protections in place. Dr. LIPSCOMB. I think that this bill would go a long way in protecting all types of workers. I think one of the elements in the California regulation and it's been incorporated here is, you know, a focus on training so that workers understand the risks that they're facing when they go on the job and importantly, what they can do to minimize these risks and also encouraging them to report to their supervisor or employer when there is the risk or when they've been injured. And, you know, basically make sure that the employer is not going to discriminate in any way. I know that Mr. Rath has mentioned the part of the OSHA Act that deals with discrimination but it's very hard for most workers even if they know about that opportunity to actually pursue it and there's a huge backlog of those cases. So I think this piece of legislation and a subsequent OSHA regulation would, you know, definitely reduce the risk to all types of workers. Ms. OMAR. Thank you. My sister has been a nurse for 18 years and many of my constituents in CD5 in Minnesota, mainly Minneapolis, are people who are PCA's, nurses, assistant nurses and people who love taking care of their patients. And so for us to put the focus on making sure that they themselves are taken are of so that they can do the work of taking care of our most vulnerable is an important work. So I thank the committee for prioritizing this bill and putting this into effect and for all of you for coming to share your testimony with us. Thank you. I yield back. Chairwoman ADAMS. Thank you. The lady yields back. Mr. Courtney, we are going to recognize you and thank you so much for this bill and for joining us today. We will recognize you for 5 minutes. Mr. COURTNEY. Well, thank you, Madame Chairwoman. And again, I want to thank you for your leadership. Obviously moving this bill within 2 months of the new Congress definitely shows your commitment to responding to what was really I think a very detailed, thorough document from the Government Accountability Office which emanated from this subcommittee. I was back then along with Congressman Miller, Mr. Scott's predecessor, the ones who requested the GAO report because of the fact that so much anecdotal constituent input was coming in about what's happening out there. My wife is a pediatric nurse practitioner and works in a specialty clinic that deals with child abuse and again, it's a very intense, highly charged environment that is there and which requires help with security guards and safe design of workplace. So probably every member can talk about a family member or somebody they know that has been experiencing this situation. And again, the GAO report, which took the years to compile, and again used, you know, tremendous input from experts reviewed studies were cited throughout their document as well as obviously the gathering of data. And again, what I think showed is that we have a situation which is frankly is toxic as any of the emergency situations which Mr. Rath talked about where an interim rule was adopted. Again, I would just note and I would just ask Dr. Lipscomb just to confirm, I mean, the language in the bill that talks about not later than 1 year the interim final standard should be promulgated. There is nothing in that language which prohibits the gathering of input or data from any stakeholders, isn't that correct? Dr. LIPSCOMB. That's correct. And I would also add that over a period of a couple years, culminating in some online tools that OSHA produced in 2015, OSHA with a contractor went across the country to identify best practices in violence prevention so they have been collecting that information. And there are great details of these examples of employers really stepping up to the plate to do above and beyond what is in the guidelines that is posted on OSHA's website. Another example of stakeholder input. Mr. COURTNEY. And again, this is not Terranova, you know, they have had voluntary guidelines going back to the 1990's which as you say have been updated. So this is not some, you know, brand new undertaking. And again, within that year period for an interim rule, which I think the data from GAO more than justifies, the fact of the matter is there is no prohibition in this bill that says there can't be input from other stakeholders. And again, the bill then goes on to allow a 42 month period for the final rule which again will be used for the purpose of getting input for a final rule. There is precedent in OSHA for following that exact step by step process whether its lead-in-construction or hazardous waste and emergency response which again used an interim rule to deal with the situation which I think, you know, most people and the GAO report certainly validates, requires swift action. But not, you know, precipitous action, I mean, that has measured data and experience that the voluntarily guidelines as well as that yearlong period as well as the peer review information that came in from the GAO, isn't that correct? Dr. LIPSCOMB. That's correct. Mr. COURTNEY. Yes, thank you. And I want to again thank Dr. McClain and Ms. Moon-Updike for coming here and really putting a human face on this issue. You know, I just thought maybe as a social worker and somebody who was in the field in a behavior health setting, I mean, the uptick in violence which again is, I mean, that trajectory is actually accelerating in terms of what you are seeing out there, is that correct? Dr. MCCLAIN. Yes. We are seeing, you know, more violence as there is, you know, more substance use and more critical, you know, kind of situations we are going into and we know with the opioid crisis the removal, child welfare removals have gone up 20 percent. So it's just, you know, working in those environments there's more opportunity or more tendency to confront violence situations. Mr. COURTNEY. Ms. Moon-Updike, I didn't know if you wanted to share your experience? Ms. MOON-UPDIKE. Absolutely. We are also seeing more violent youth come in to our behavioral health divisions. We are seeing an increase in homelessness and with mental health issues so with more violent tendencies. And if I can also go back to one other thing that was stated previously. I am from the State of Wisconsin and the facility that I worked in, there was no OSHA oversight and there was no stage agency oversight. So this bill would provide that for us because right now there is none. Mr. COURTNEY. Great. Well, than you again to all the witnesses for being here-- Ms. MOON-UPDIKE. Thank you. Mr. COURTNEY [continuing]. today. I yield back. Chairwoman ADAMS. I am going to recognize Mr. Khanna from California. Mr. KHANNA. Thank you, Chair Adams. I want to thank you for your leadership and for allowing me to join this hearing of the Education and Labor Committee. I also want to thank our chair, Bobby Scott, for championing such an issue. And of course my colleague, Representative Joe Courtney for introducing this bill to make the workplace safer for health care and social workers. Thank you for your leadership. And then I want to recognize the California Nurses Association and National Nurses United for leading this effort in California back in 2014. You know, I was so surprised to hear, I would go into rooms with nurses and I would say how many of you have faced violence at the workplace? And the majority of hands would go up. You know, we work in Congress and it's not civil but we don't face violence. I mean, it is a tough job being a health care worker or a social service worker and it is about time we had legislation to address this. I think this legislation goes a long way. It incorporates some of the law that was a part of California in updating the OSHA rule and it is a comprehensive solution that will help not just nurses but also health care workers and social service workers more generally. I would now like to ask a few questions to Dr. Lipscomb. What States have effective models in violence prevention? You don't have to mention my State of California if you, but you can. What would you say? Dr. Lipscomb. So California of course comes to mind and I think each of these States have learned what previous States have promulgated and then have improved upon them. So I would also mention New York State has a very good workplace violence prevention law. New Jersey, Oregon, Washington State. We have one in Maryland that doesn't have a lot of teeth but there are many, many good models out there. Mr. KHANNA. And could you explain the advantages of passing this legislation rather than just letting OSHA move forward on its normal regulatory pace? I know Chair Adams discussed this earlier but would love your insight. Dr. Lipscomb. Well, I think what we heard from the chairwoman is that on average it takes 7 years for a standard and it can take up to 20. And I think if you think about the testimony that you heard today from Ms. Moon-Updike and you multiply that story by tens of thousands of health care workers all around the country that experience this on a daily basis, you will realize why we need this mechanism to encourage OSHA to make this a priority and promulgate an interim final standard and a final standard in the shortest amount of time possible. And again, because the other States have gone through the process of collecting stakeholder input and a lot of the voluntary professional organizations are recommending the same thing, I think that is the difference. Mr. KHANNA. And I want to thank you, Ms. Moon-Updike, for being here and overcoming such a tragedy to be active and push for change. I really admire that. Dr. Lipscomb, do you think if we had a standard like New York or a law like Mr. Courtney's that we could have prevented the type of tragedy that befell Ms. Moon-Updike? Dr. LIPSCOMB. Yes, I think so based on her account of it. There are inevitably some incidents that might not be preventable but I think the vast majority of them are and now we have one very strong study, methodologically and examples elsewhere where over a couple years, year period of time there has been a reduction in the range of like 40 to 60 percent. Mr. KHANNA. You know, I want to give Ms. Moon-Updike the last word. I mean, Ms. Moon-Updike, what inspires you to be here and fight for this and what would you like to see from the United States Congress? Ms. MOON-UPDIKE. Thank you for your question, sir. I didn't know when I would be ready to do this, to help other health care workers. And about 3 weeks ago at our medical trauma center in Milwaukee, Wisconsin, we lost a nurse and she was killed in the place that she worked. And she was raped. She was beaten and then she was run over with her car in the parking structure where she worked. And she was left there to freeze on the ground. And she died. She was a nurse practitioner in the oncology unit. Her name was Carly. Sorry. And she was not found for 2 hours. She was found by a snowplow crew. She was not found by security. And the administration said when asked why the security cameras did not find her, the administration said because the campus is too big for all the areas to be watched and for every--and for security guards to be--take every employee out. That could have been me. I almost died the day that I was injured. And she did die. She was 33 years old. And at that point I was angry. So I decided that it was time to get off my rear end, excuse my vernacular again, and do something and make, try to make sure that didn't happen again and that somebody was accountable for Carly dying. Because there is a sisterhood and a brotherhood of nurses and we put ourselves out there to help people. We help your mothers, your brothers, your daughter, your sons, your wives, your husbands. We do that. And who is helping us? Who was there for her but a plow drier. That's why I am here. Mr. KHANNA. Well, I just want to thank you again, Ms. Moon- Updike for taking such grief and heartbreak and turning it into a positive purpose. It is citizens like you that give me hope for our country. Thank you. Ms. MOON-UPDIKE. Thank you. Thank you. Chairwoman ADAMS. Thank you very much. I want to remind my colleagues pursuant to committee practice, materials for submission to the hearing record must be submitted to the clerk within 14 days following the last day of the hearing. Materials must be submitted--must address the matter of the hearing and only a member of the committee or invited witnesses may submit materials. Documents are limited to 50 pages. Any pages longer than that will be incorporated into the record via internet. I want to thank again all the witnesses for your participation today and for your testimony and what we have heard is extremely valuable to us. And members of the committee may have some additional questions for you. We ask them to please respond to those in writing and the hearing record will be held open for 14 days in order to receive those responses. I remind my colleagues that pursuant to committee practice, witness questions for the hearing record must be submitted to the majority committee staff or committee clerk within 7 days. The questions submitted must address the subject matter of the hearing. I want to now recognize the--my ranking member for his closing statement. Mr. BYRNE. Thank you, Madame Chairman, and thank you all the witnesses today. Good testimony. I think it helps all of us understand this better. Ms. Moon-Updike, I hope the perpetrator of the crime you just told us about is prosecuted to the fullest extent of the law. I really hope that whoever did this is caught and we do with him as the fullest extent that we can do with someone that commits a crime like that. Dr. McClain, thank you for pointing out something that we should all be aware of and that is that the drug crisis in this country and the mental health crisis in this country is spiraling out of control and you all are on the front lines and the victims of what that means. Mr. Rath, I thank you for reminding us that there are procedures here that we are here to--that we are supposed to follow before we put out laws and regulations in this country and the reasons beyond all of that although it sounds like a lot of process stuff, the process stuff is important. And Dr. Lipscomb, thank you for the findings that you have made over the years. I would like for you to have an input into this regulation which is why I think we need to get OSHA moving. I doubt that this bill is going to become law in this Congress and I don't want to wait that long so I'm going to make an offer to Mr. Courtney, my good friend and to Ms. Adams, the Chairman of the Subcommittee. Maybe we should get the folks from OSHA to come over here and talk to us about what we can do between now and the end of this Congress to get OSHA to speed this process up and get something done here. And with that, ladies and gentlemen, you will have to excuse me I have got a five o'clock I have to go get. Thank you. Chairwoman ADAMS. Thank you very much. I want to get unanimous consent to submit to the record the testimony of the National Nurses United--the United--National Nurses United which is before the House of Education and Labor Committee today. All right. I want to thank the ranking member and everyone who came out today. And particularly I want to say to all of our witnesses, thank you first of all for your patience and the fact that we had to go vote and you are still here. We appreciate that very much. I want to now recognize myself for closing statements. Again thank you. Your testimony has been very valuable and your expertise as well. I think I speak for all for the members of the subcommittee when I say that we learned an enormous amount of valuable information from you today. I am an educator by training. I taught 40 years. But I know that education is an ongoing process and so I am going to--I am continuing to learn and I have learned from you. But I think for me in terms of personal reference, my mom had a care giver. I was a partial caregiver for her. She lived until she was age 90, passed away a couple of years ago. So I understand the work that you do. I appreciate the work that you do. And as a matter of fact, I worked in a nursing home to work myself through college so I certainly have a lot of empathy for the things that we brought today. We have heard compelling evidence this afternoon that workplace violence is a serious and life threatening problem for this Nation's front line health care and social service workers. This hazards--these hazards are not only predictable but they are also preventable. Mr. Courtney, thank you for your leadership with this bill. I think that we can all agree that going to work shouldn't mean getting hurt at work. H.R. 1309 which we have discussed today would provide the protection that these workers need and that they deserve. And to clarify again H.R. 1309 allows OSHA to go through its full rulemaking process including public input before issuing a final standard. Now given that, I believe that we all share our witnesses concerns about the seriousness of these threats and I hope that we will be able to work together on a bipartisan basis to move this legislation forward. And if there is no further business? I don't hear any. All right. Without objection the committee stands adjourned. [Additional submissions by Chairwoman Adams follow:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [Whereupon, at 5:04 p.m., the subcommittee was adjourned.] [all]