Bill Text: MI SB0637 | 2019-2020 | 100th Legislature | Introduced
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) 2019-11-07 - Referred To Committee On Health Policy And Human Services [SB0637 Detail]
Download: Michigan-2019-SB0637-Introduced.html
SENATE BILL NO. 637
November 07, 2019, Introduced by Senator WOJNO
and referred to the Committee on Health Policy and Human Services.
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.
