HB 5212 Summary

• Establishes the "Home Health Care Worker Safety Act" prohibiting employers from sanctioning home health care workers who have completed a safety training course and possess a self-defense spray device.

• Defines self-defense spray device as containing no more than 35 grams of orthochlorobenzalmalononitrile or a solution with not more than 10% oleoresin capsicum.

• Requires the Department of Health and Human Services to approve safety training courses that include 3 hours of instruction on defusing threatening behavior and 3 hours on recognizing dangerous situations and using self-defense spray appropriately.

• Allows employers to sanction workers for failing to comply with client requests to not possess self-defense spray at the client's residence.

• Creates liability for violating employers including reinstatement, double back pay with interest, special damages compensation, and other relief to make the employee whole.