Bill Text: MI HB6038 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health; home health care; public and private home health worker employers sanctioning of home health workers for possessing a self-defense spray device under certain circumstances; prohibit. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-22 - Bill Electronically Reproduced 05/17/2018 [HB6038 Detail]

Download: Michigan-2017-HB6038-Introduced.html

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HOUSE BILL No. 6038

 

 

May 17, 2018, Introduced by Reps. Yanez, Faris, Green, Gay-Dagnogo, Hertel, Chirkun, Sowerby, Hornberger, Marino, Elder and Lucido and referred to the Committee on Law and Justice.

 

     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 health and 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.