HOUSE OF REPRESENTATIVES

H.B. NO.

1371

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to workplace violence.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that state agencies in Hawaii have varying policies for handling workplace violence incidents.  Furthermore, other states have already codified policies to both prevent and properly address incidents of workplace violence.

     The purpose of this Act is to codify a uniform statewide policy to protect state employees from an abusive work environment and provide remedies when they are victims of workplace violence.

     SECTION 2.  Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§378-    Workplace violence protection.   (a)  The department of labor and industrial relations shall:

     (1)  Provide procedures for state employees to report incidents of workplace violence to the department;

     (2)  Set out how information obtained about an incident or complaint of workplace violence, including identifying information about any individuals involved, will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint; and

     (3)  Set out how a state employee who has allegedly experienced workplace violence and the alleged perpetrator will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation.

(b)  To protect a state employee from workplace violence, the department of labor and industrial relations shall ensure that:

(1)  A prompt response to reports of workplace violence is made and, upon notice of a serious incident, take immediate action to ensure the safety of state employees;

(2)  After the safety and well-being of state employees has been guaranteed, victims of workplace violence are provided with appropriate support and services; and

(3)  An investigation is conducted into incidents and complaints of workplace violence that is appropriate in the circumstances.

     (c)  The department of labor and industrial relations may in writing order an investigation to be conducted by an impartial person possessing such knowledge, experience, or qualifications as are specified by the department, and obtain a written report by that person.

     (d)  The department of labor and industrial relations shall ensure a state employee is not discharged, threatened, or otherwise discriminated against regarding the employee's compensation, terms conditions, location, or privileges of employment because the state employee has reported or filed an incident of workplace violence."

     SECTION 3.  Section 378-71, Hawaii Revised Statutes, is amended to read as follows:

     "PART VI.  VICTIMS PROTECTIONS

 

 [[]A.[]]  General Provisions

 

     [[]§378-71[]]  Definitions.  As used in this part:

     "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee.

     "Course of conduct" means acts over any period of time of repeatedly maintaining a visual or physical proximity to a person or conveying verbal or written threats, including threats conveyed through electronic communications or threats implied by conduct.

     "Domestic abuse" means conduct defined in section 586-1.

     "Domestic or sexual violence" means domestic abuse, sexual assault, or stalking.

     "Electronic communications" includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager.

     "Employee" means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter.

     "Health care provider" means a physician as defined under section 386-1.

     "Sexual assault" means any conduct proscribed by chapter 707, part V.

     "Stalking" means engaging in a course of conduct directed at a specifically targeted person that would cause a reasonable person to suffer substantial emotional distress or to fear bodily injury, sexual assault, or death to the person or to the person's spouse, parent, child, or any other person who regularly resides in the person's household, and where the conduct does cause the targeted person to have such distress or fear.

     "Victim services organization" includes:

     (1)  A nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including a rape crisis center;

     (2)  An organization operating a shelter or providing professional counseling services; or

     (3)  An organization providing assistance through the legal process.

"Violence" means any act by a person that causes or threatens to cause an injury to another person.

     "Workplace" means any site, premises, location, or place where an employer conducts business operations or activities, regardless of the employer's ownership or tenancy status, and regardless of the employer's right to exclusive use or non-exclusive use, operation, or control of the site, premises, location, or place."

     SECTION 4.  Statutory material to be stricken is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2017.

 

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Public Safety; Workplace Violence

 

Description:

Establishes department of labor and industrial relations responsibilities for incidents of workplace violence as well as investigation procedures for incidents of workplace violence.  

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.