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The State of Washington has enacted legislation aimed at reducing work-place violence in the health care setting. The State's Department of Labor and Industries asserts that social service workers, nursing staff and orderlies are assaulted more often than in other types of employment. These findings seem to be consistent with national statistics. In 1996 the Occupational Safety and Health Administration (OSHA), published Guidelines for Preventing Work-place Violence for Health Care and Social Service Workers. That publication also asserts that more assaults occur in the health care and social services industry than in any other. As bad as some of this data is, there is general belief that incidents are most likely under-reported.
The statute in Washington closely models the law passed in California a few years age (1257.7 & 1257.8 Health and Safety Code). Impetus for the California law was spurred by an attack on a nurse in San Diego and the shooting of three physicians in Los Angeles. Rhetorically, one must question why it is necessary to address the issue of work-place violence in health care settings by writing new laws. The implication is that hospitals need a law to induce them to deal with work-place violence issues and/or that they do not know how to deal with and prevent work-place violence. Hospitals have historically lagged behind many industries in the application of contemporary security methodologies, but they are improving.
The question is: how many other states will be enacting similar legislation over the next several months? Is this kind of legislation good or bad? (If you are aware of states that currently have or are contemplating similar legislation, please let us know.)
Essentially, both these laws mandate annual security audits, the tracking of security incidents and the training of the affected health care workers in Management of Aggressive Behavior. Patti Newsted, the Director of Safety & Security at St. Joseph Hospital in Bellingham, Washington, was moving in the direction of compliance with this new law well before the law was signed by the Governor. She plans to train in excess of 250 employees in the technique known as Management of Aggressive Behavior. Furthermore, she embarked on this strategy after an independent security assessment.
How do hospitals typically comply with these kinds of statutes? They comply with the letter of the law or they comply with both the letter of the law as well as the spirit of the law.
Hospitals that choose to comply with only the letter of the law do so symbolically. They conduct a cursory security assessment, often by one who is not qualified to do so. They also initiate employee-training programs that fail to accomplish the desired end result, a safer environment for patients, staff and visitors.
Hospitals that fully comply and conduct a thorough security audit often find it produces unintended benefits. By making the hospital safer for employees they also reduce liability by making the hospital safer for patients and visitors. The audit also produces methods that help protect hospital property including both durable and nondurable inventories. These hospitals contract with a company like R.E.B. Training to insure that all employees at risk fully learn, through a hands on experience, Management of Aggressive Behavior.
Clearly these laws have serious impact on security-driven lawsuits because they clearly define a minimum standard of care. Hospitals that choose the symbolic approach have the potential of having the savings accrued through a shorthand approach gobbled up by a single lawsuit.
Finally, the standard of care created by the laws in California and Washington will certainly spill-over into states that are not covered by these laws. It is highly probable that future litigation will be held to the standards set in both of these states.
SMSI Inc. has been helping hospitals in California and Washington meet these new standards. Many hospitals around the country are not waiting for a mandate for better security but are pro-actively embarking on improving security on their own.
We at SMSI would welcome the opportunity to help you bring your hospital security program into the 21st century.
Making sure that affected staff are equipped to deal with aggressive behavior is a cornerstone of these state regulations. If you contact us today, we would be happy to send you a free Demo-CD illustrating a self-contained training program for Management of Aggressive Behavior. This low cost approach to training will move your hospital toward the objective of increased safety for your employees.
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