Michigan Increases Penalties for Violence Against Healthcare Workers
In the absence of federal legislation to protect healthcare workers, Michigan has introduced a new law that expands the definition of protected workers to include healthcare workers and has increased the financial penalties in an attempt to curb the growing problem of workplace violence.
Workplace Violence in Healthcare Continues to Increase
The number of reported instances of nonfatal workplace violence has been increasing year-over-year, especially in healthcare. According to data from the Bureau of Labor Statistics (BLS), workplace violence incidents that required workers to take time off work were five times higher in privately operated healthcare and social assistance establishments than in private industry overall. Since the BLS started tracking workplace violence incidents in 2011, cases have continued to increase almost every year. These incidents can result in serious injuries or worse. On average, between 2016 and 2020, BLS data show an average of 44 homicides of private healthcare workers every year.
There have been repeated calls from industry associations for federal protections to help tackle the problem. In, 2022, Sen. Tammy Baldwin, (D-WI) introduced the Workplace Violence Prevention for Health Care and Social Service Workers Act, which called for OSHA to create violence prevention measure requirements for healthcare and social services workplaces. The legislation failed to advance and was reintroduced in April this year. In September 2023, Sens. Joe Manchin, (D-WV) and Marco Rubio, (R-FL) introduced the Safety from Violence in Healthcare Act, which sought to make assaults on healthcare staff a federal crime. The Act also calls for penalties to be increased for assaults that result in bodily injury; however, the legislation has failed to advance in Congress.
In March 2023, the Occupational Safety and Health Administration (OSHA) announced that it is in the process of developing an enforceable Prevention of Workplace Violence in Healthcare and Social Assistance standard in an attempt to address this growing problem.
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New Michigan Law Doubles Penalties to Deter Workplace Violence
In the absence of federal protections, many states have introduced their own laws in an attempt to deter violence against healthcare workers. Almost 40 states have now passed legislation to increase penalties for violence against healthcare workers, with Michigan the latest state to do so.
Michigan already had laws in place concerning violence against protected workers, which include police officers, firefighters, and EMS personnel. In response to the rise in bullying, violence, and the viciousness of attacks on healthcare workers, the classification has been extended to include healthcare professionals and medical volunteers. Any assault on a protected worker could result in a felony charge, and while the potential jail time has remained unchanged, the financial penalties have doubled. Medical facilities in the state must now post signs in areas visible to the public that warn of the increased fines.
The new law (House Bill 4520-21) was led by Rep. Mike Mueller (R-MI) and was signed into law on December 6, 2023. “This new law is a step toward providing a secure working environment for hospital personnel, discouraging acts of violence, and ensuring that anyone who targets them with violence is held responsible.,” said Rep. Muller. “I am proud to see this bipartisan plan come to fruition after working on it for more than a year.”
