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REFERENCE TITLE: emergency personnel; rest periods; violence |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2527 |
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Introduced by Representatives Andrade: Biasiucci, Campbell, Cano, Cobb, Dunn, Espinoza, Fernandez, Gabaldón, Hernandez D, Jermaine, Lawrence, Pawlik, Payne, Peten, Rodriguez, Salman, Sierra, Senators Alston, Gonzales, Mendez
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AN ACT
amending title 23, chapter 2, Arizona Revised Statutes, by adding article 13; relating to emergency medical personnel.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, Arizona Revised Statutes, is amended by adding article 13, to read:
ARTICLE 13. EMERGENCY MEDICAL SERVICES EMPLOYEES
23-492. Definitions
In this article, unless the context otherwise requires:
1. "Commission" means the industrial commission of Arizona.
2. "Division" means the division of occupational safety and health within the commission.
3. "Emergency medical services" has the same meaning prescribed in section 36-2201.
4. "Emergency medical services employee" means an employee of an emergency medical services provider.
5. "Emergency Medical services provider" means an entity that provides emergency medical services as part of an emergency medical services system or plan.
23-492.01. Authorized rest periods; exemptions
A. An emergency medical services provider shall authorize emergency medical services employees to take rest periods. To the extent practicable, an emergency medical services provider shall offer rest periods in the middle of each work period. The duration of the authorized rest period shall be based on the total hours worked daily at the rate of ten minutes net rest time per four hours or major fraction of four hours.
B. Notwithstanding subsection A of this section, an emergency medical services provider is not required to authorize rest periods for an emergency medical services employee whose total daily work time is less than three and one-half hours. An emergency medical services provider shall count authorized rest period time as hours worked for which there shall be no deduction from wages.
C. During a rest period authorized pursuant to subsection A of this section, an emergency medical services provider:
1. Shall relieve an emergency medical services employee of all duties.
2. Shall relinquish control over how the emergency medical services employee spends the employee's time.
3. may not require that the emergency medical services employee remain on call.
D. If an emergency medical services provider fails to provide an emergency medical services employee a rest period as specified in this section, the emergency medical services provider shall pay the emergency medical services employee one hour of pay at the emergency medical services employee's regular rate of compensation for each workday during which the rest period is not provided.
E. This section does not apply to employees directly employed by this state or any political subdivision of this state, including any city, town, county or special district.
23-492.02. Standards requiring adoption of workplace violence prevention plan; posting; exemptions
A. On or before July 1, 2021, the commission shall adopt standards that require emergency medical services providers to adopt a workplace violence prevention plan to protect emergency medical services employees from aggressive and violent behavior.
B. The standards adopted pursuant to subsection A of this section must include all of the following:
1. A requirement that the workplace violence prevention plan be in effect at all times and in all areas where emergency medical services are provided.
2. A definition of workplace violence that includes both of the following:
(a) The use of physical force against an emergency medical services employee by a patient or a person accompanying a patient that results in, or has a high likelihood of resulting in, injury, psychological trauma or stress, regardless of whether the emergency medical services employee sustains an injury.
(b) An incident involving the use of a firearm or other dangerous weapon, regardless of whether the emergency medical services employee sustains an injury.
3. A requirement that a workplace violence prevention plan include all of the following:
(a) Personnel education and training policies that require all emergency medical services employees who provide direct care to patients to, at least annually, receive education and training that are designed to provide an opportunity for interactive questions and answers with a person who is knowledgeable about the workplace violence prevention plan. The education and training must include information regarding all of the following:
(i) How to recognize the potential for violence and when and how to seek assistance to prevent or respond to violence.
(ii) How to report violent incidents to law enforcement.
(iii) Any resources available to emergency medical services employees for coping with incidents of violence, including critical incident stress debriefing or employee assistance programs.
(b) A system for responding to and investigating violent incidents and situations involving violence or the risk of violence.
(c) A system to, at least annually, assess and improve on factors that may contribute to or help prevent workplace violence, including the following factors:
(i) Staffing, including staffing patterns and patient classification systems that contribute to or are insufficient to address the risk of violence.
(ii) Sufficiency of security systems, including alarms, emergency response and security personnel availability.
(iii) Job design, equipment and facilities.
(iv) Security risks associated with specific emergency medical services units.
4. A requirement that all workplace violence prevention plans be developed in conjunction with affected emergency medical services employees, including their recognized collective bargaining agents, if any.
5. A requirement that all temporary personnel be oriented to the workplace violence prevention plan.
6. Provisions prohibiting an emergency medical services provider from disallowing an emergency medical services employee from, or taking punitive or retaliatory action against an emergency medical services employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
7. A requirement that emergency medical services providers document and retain for a period of at least five years a written record of any violent incident against an emergency medical services employee, regardless of whether the employee sustains an injury and regardless of whether the report is made by the emergency medical services employee who is the subject of the violent incident or any other employee.
8. A requirement that an emergency medical services provider report violent incidents to the division. If the incident results in injury, involves the use of a firearm or other dangerous weapon or presents an urgent or emergent threat to the welfare, health or safety of emergency medical services employees, the emergency medical services provider shall report the incident to the division within twenty-four hours. All other incidents of violence shall be reported to the division within seventy-two hours.
C. On or before January 1, 2022, and annually thereafter, the division, in a manner that protects patient and employee confidentiality, shall post on its website a report that contains information regarding violent incidents involving emergency medical services providers, including all of the following:
1. The total number of reports filed pursuant to subsection B, paragraph 8 of this section.
2. Which specific emergency medical services providers filed reports pursuant to subsection B, paragraph 8 of this section.
3. The outcome of any inspection or investigation related to a report filed pursuant to subsection B, paragraph 8 of this section.
4. The citations issued to an emergency medical services provider based on a violent incident.
5. Recommendations of the division on the prevention of violent incidents involving emergency medical services providers.
D. This section does not:
1. Limit the commission's authority to adopt standards to protect employees from workplace violence.
2. Preclude the commission from adopting standards that require other employers, including exempt employers pursuant to subsection E of this section, to adopt plans to protect employees from workplace violence.
3. Preclude the commission from adopting standards that require an employer subject to this section, or any other employer, to adopt a workplace violence prevention plan that includes elements or requirements additional to, or broader in scope than, those described in this section.
E. This section does not apply to this state or any political subdivision of this state, including any city, town, county or special district, in its capacity as the direct employer of an emergency medical services employee.