New Jersey § 26:2h-5

§ 26:2h-5.

Within 6 months of the effective date of this act, 1 a covered health care facility shall establish a violence prevention program for

the purpose of protecting health care workers. The program shall, at a minimum, include the requirements set forth in this section. a. (1) The covered health care facility shall establish a violence prevention committee,

which shall include a representative of management, or his designee, who shall be

responsible for overseeing all aspects of the program. At least 50% of the members of the committee shall be health care workers who provide

direct patient care or otherwise have contact with patients. In a facility or health care system where health care workers are represented by

one or more collective bargaining agents, the management of the facility or system

shall consult with the applicable collective bargaining agents regarding the selection

of the health care worker committee members. The remaining committee members shall have experience, expertise, or responsibility

relevant to violence prevention. (2) In the case of a health care system that owns or operates more than one covered

health care facility or Department of Human Services facilities, the violence prevention

program and the committee may be operated at the system or department level, provided

that: (a) committee membership includes at least one health care worker from each

facility who provides direct care to patients, (b) the committee develops a violence

prevention plan for each facility, and (c) data related to violence prevention remain

distinctly identifiable for each facility. b. Within 18 months of the effective date of this act, the committee shall develop

and maintain a detailed, written violence prevention plan that identifies workplace

risks, and provides specific methods to address them. The plan shall, at a minimum: (1) provide an annual comprehensive violence risk-assessment for the covered health

care facility that considers, to the extent applicable: (a) the facility's layout, access restrictions, crime rate in surrounding areas, lighting,

and communication and alarm devices; (b) impact of staffing, including security personnel; (c) the presence of individuals who may pose a risk of violence; and (d) a review of any records relating to violent incidents at the facility, including

incidents required to be reported pursuant to subsection f. of this section, the Occupational

Safety and Health Administration Log of Work-Related Injuries and Illnesses (OSHA

Form 300), and workers' compensation records; (2) identify violence prevention policies; and (3) specify methods to reduce identified risks, including training, and changes to

job design, staffing, security, equipment and facility modifications. c. The covered health care facility shall make a copy of the plan available, upon

request, to the Commissioners of Health and Senior Services, Children and Families,

and Human Services for on-site inspection, and upon request, to each health care worker

and collective bargaining agent that represents health care workers at the facility,

except that, in the event the committee determines that the plan contains information

that would pose a threat to security if made public, any such information shall be

excluded before providing copies to workers or collective bargaining agents. d. The covered health care facility shall annually conduct violence prevention training. The training shall include a review of: the facility's relevant policies; techniques

to de-escalate and minimize violent behavior; appropriate responses to workplace

violence, including use of restraining techniques, reporting requirements and procedures;

location and operation of safety devices; and resources for coping with violence. e. The covered health care facility shall have personnel sufficiently trained to identify

aggressive and violent predicting factors and the ability to appropriately respond

to and manage violent disturbances. f. The covered health care facility shall keep a record of all violent acts against

employees while at work. The records shall be maintained for at least five years following the reported act,

during which time employees, their authorized representatives, and the Department

of Health and Senior Services shall have access to the record. The record shall include: (1) the date, time and location of the incident; (2) the identity and job title of the victim, except that the victim's identity shall

not be included if it would not be entered on the Occupational Safety and Health Administration

Log of Work-Related Injuries and Illnesses (OSHA Form 300) because it is a privacy

concern case under OSHA; (3) whether the act was committed by a patient, visitor, or employee; (4) the nature of the violent act, including whether a weapon was used; (5) a description of physical injuries, if any; (6) the number of employees in the vicinity when the incident occurred and their actions

in response to the incident, if any; and (7) the actions taken by the facility in response to the incident. The records established pursuant to this subsection shall not be considered public

or government records under P.L.1963, c. 73 ( C.47:1A-1 et seq. ) or P.L.2001,c.404 ( C.47:1A-5 et al.). g. The covered health care facility shall establish a post-incident response system

that provides, at a minimum, an in-house crisis response team for employee-victims

and their co-workers, and individual and group crisis counseling, which may include

support groups, family crisis intervention, and professional referrals. 1

L.2007, c. 236, eff. Jan. 3, 2008.