May 20, 2014, Introduced by Reps. Yanez, Switalski, Cavanagh, Hovey-Wright, Brown, Segal, Cochran, Haugh, Slavens, Geiss, Roberts, Dianda, Faris, Lane, Durhal and Darany and referred to the Committee on Judiciary.
A bill to prohibit an employer from sanctioning a home health
care worker with certain training for possessing a self-defense
spray device; to prescribe the powers and duties of certain state
departments; and to create a cause of action.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"home health care worker safety act".
(2) As used in this act:
(a) "Department" means the department of human services.
(b) "Home health care employer" means a public or private
entity or individual that employs 1 or more home health care
workers. Home health care employer does not include an individual
who directly or indirectly employs a home health care worker to
provide services related to physical health or psychological health
in the individual's residence.
(c) "Home health care worker" means an individual who, as a
condition of his or her employment, performs services related to
physical health or psychological health in the residence of the
recipient of the services.
(d) "Safety training course" means a course of instruction
offered or certified by the department that includes training in
defusing threatening behavior, recognizing a potentially dangerous
situation, and using a self-defense spray device appropriately.
(e) "Self-defense spray device" means a device that is capable
of carrying and ejecting, releasing, or emitting either not more
than 35 grams of any combination of orthochlorobenzalmalononitrile
and inert ingredients or a solution containing not more than 10%
oleoresin capsicum. Except as provided in this subdivision, a self-
defense spray device does not eject, release, or emit any gas or
substance that will temporarily or permanently disable,
incapacitate, injure, or harm a person with whom the gas or
substance comes in contact.
Sec. 2. (1) If a home health care worker has completed a
safety training course, a home health care employer shall not
sanction the home health care worker or discriminate in terms and
conditions of employment because the home health care worker
possesses or intends to possess a self-defense spray device.
(2) Subsection (1) does not prohibit sanctioning a home health
care worker for refusing or failing to comply with a request from a
client of the home health care employer concerning possession of a
self-defense spray device at the client's residence.
Sec. 3. A home health care employer who violates this act is
liable to the employee for all of the following:
(a) Reinstatement to the employee's position without loss of
seniority.
(b) Two times the amount of lost back pay.
(c) Interest on the back pay.
(d) Compensation for any special damages.
(e) Any other relief necessary to make the employee whole.
Sec. 4. (1) A person desiring to offer a safety training
course under this act may apply for department approval on forms
supplied by the department. The department shall approve a training
course or a refresher training course that meets the following
requirements:
(a) Three hours of instruction in how to defuse threatening
behavior.
(b) Three hours of instruction in how to recognize a
potentially dangerous situation and how to use a self-defense spray
device.
(c) Training provided by instructors with expertise in the
subject matter that is documented by academic credentials or
practical experience.
(2) The department may charge a fee for course approval that
does not exceed the expense of examining and approving or
disapproving the application.