Embed Size (px)
Citation preview
12 NYCRR PART 800.1612 NYCRR PART 800.16
PUBLIC EMPLOYER PUBLIC EMPLOYER WORKPLACE VIOLENCE WORKPLACE VIOLENCE
PREVENTION PROGRAMSPREVENTION PROGRAMS
DefinitionsDefinitions
Authorized Employee Representative – an Authorized Employee Representative – an employee authorized by the employees or the employee authorized by the employees or the designated rep from an employee organization designated rep from an employee organization
CommissionerCommissioner EmployeeEmployee Participation of the Authorized Employee Participation of the Authorized Employee
Representative – The AER is given an Representative – The AER is given an opportunity to contribute information, assist opportunity to contribute information, assist with analyzing statistics and conducting the with analyzing statistics and conducting the WPV Risk evaluation and determination and WPV Risk evaluation and determination and participate in incident reviewsparticipate in incident reviews
Definitions ContinuedDefinitions Continued
Retaliatory ActionRetaliatory Action Risk evaluation and determinationRisk evaluation and determination SupervisorSupervisor WorkplaceWorkplace Workplace Violence – Any physical Workplace Violence – Any physical
assault, threatening behavior, verbal assault, threatening behavior, verbal abuse occurring where a public abuse occurring where a public employee performs any work related employee performs any work related duty in the course of their employmentduty in the course of their employment
Workplace Violence Workplace Violence IncidentIncident
An attempt or threat whether verbal or An attempt or threat whether verbal or physical to inflict Injury upon another physical to inflict Injury upon another person person
Any intentional display of force which Any intentional display of force which would give a person reason to fear or would give a person reason to fear or expect bodily harm.expect bodily harm.
Intentional and wrongful physical Intentional and wrongful physical contact with a person without his or her contact with a person without his or her consent that entails some injury or consent that entails some injury or offensive touching.offensive touching.
Workplace Violence Workplace Violence Incident, Incident, ContinuedContinued
Harassment of a nature that would give a Harassment of a nature that would give a person reason to fear escalation or make it person reason to fear escalation or make it difficult to pursue a normal work life or difficult to pursue a normal work life or private life when the harassment arises out private life when the harassment arises out of or in the course of employment.of or in the course of employment.
Stalking a person with the intent of causing Stalking a person with the intent of causing fear when such stalking has arisen through fear when such stalking has arisen through or in the course of employment.or in the course of employment.
An incident may be committed without one An incident may be committed without one person actually touching, or striking or person actually touching, or striking or doing bodily harm to another person. doing bodily harm to another person.
Management Management CommitmentCommitment
Written policy statement on the Written policy statement on the employers Workplace Violence employers Workplace Violence Prevention ProgramPrevention Program
States goals and objectives and provides States goals and objectives and provides for full employee participationfor full employee participation
Statement shall be posted where Statement shall be posted where employee notices are normally postedemployee notices are normally posted
Brief description of WPV policy and alert Brief description of WPV policy and alert and notification procedures to follow.and notification procedures to follow.
ResponsibilityResponsibility
The New Yorker Collection from Cartoonbank.com. All Rights Reserved.
““Employees don’t Employees don’t care about what you care about what you know about them, know about them,
they care about how they care about how much you care about much you care about
them”them”Harvey MackayHarvey Mackay
Risk Determination and Risk Determination and ExaminationExamination
Employer and Authorized Employee Employer and Authorized Employee Reps. shall perform the risk Reps. shall perform the risk evaluation evaluation
Purpose is to determine the Purpose is to determine the presence of risk factors (situations presence of risk factors (situations or hazards) to employeesor hazards) to employees
Elements of a Risk Elements of a Risk EvaluationEvaluation
List risk factors or hazardsList risk factors or hazards Determine which employees are at Determine which employees are at
riskrisk Evaluate risk and determine work Evaluate risk and determine work
controlscontrols Document findingsDocument findings
Step 1 - PreparationStep 1 - Preparation Examine the history of past incidents to Examine the history of past incidents to
identify patterns or trends which identify patterns or trends which occurred in your workplace occurred in your workplace
Review your occupational injury and Review your occupational injury and illness logs (SH 900) and incident reports illness logs (SH 900) and incident reports (SH 900.2) to identify injuries that (SH 900.2) to identify injuries that my have resulted from workplace my have resulted from workplace violence incidentsviolence incidents
Choose your Risk Assessment TeamChoose your Risk Assessment Team Union Representation or Employee Union Representation or Employee
InvolvementInvolvement
Step 2 - How to find Risk Step 2 - How to find Risk FactorsFactors
Conduct a physical workplace Conduct a physical workplace security building survey security building survey
Survey employees regarding details Survey employees regarding details associated with the occurrence of associated with the occurrence of workplace violence incidentsworkplace violence incidents
Divide the building or workplace up Divide the building or workplace up into geographical zones, this would into geographical zones, this would help ensure all areas are addressed help ensure all areas are addressed within a large facility within a large facility
Step 3 - Evaluate the risk and Step 3 - Evaluate the risk and determine determine how to how to
address it address it Assess how employee safety is currently Assess how employee safety is currently
being addressed for each risk factor and being addressed for each risk factor and the effectiveness of each method involvedthe effectiveness of each method involved
Research what is the current practice in Research what is the current practice in the industry todaythe industry today
Consider what engineering controls, Consider what engineering controls, acceptable work practices or acceptable work practices or administrative controls would benefit the administrative controls would benefit the current situation current situation
Ask the employees who are exposed what Ask the employees who are exposed what would help make their situation saferwould help make their situation safer
Facts about Risk FactorsFacts about Risk Factors
The Law requires employers to The Law requires employers to eliminate or control all risk factors (as eliminate or control all risk factors (as reasonably practicable) found within reasonably practicable) found within each of their places of employmenteach of their places of employment
The employer can choose any The employer can choose any reasonable method to make the reasonable method to make the workplace safer for their employeesworkplace safer for their employees
Methods of abatement should be Methods of abatement should be monitored for effectivenessmonitored for effectiveness
Step 4 - Document FindingsStep 4 - Document Findings
By taking detailed notes during this 4 By taking detailed notes during this 4 step process the Risk Evaluation group step process the Risk Evaluation group will experience greater success in will experience greater success in tracking the benefits of the instituted tracking the benefits of the instituted work controlswork controls
If the employer has 20 or more If the employer has 20 or more employees then the list of Risk Factors employees then the list of Risk Factors need to be part of the written need to be part of the written Workplace Violence Prevention Workplace Violence Prevention ProgramProgram
Effective DatesEffective Dates
WPV Policy Statement due 30 days after WPV Policy Statement due 30 days after the effective date of the Regulationthe effective date of the Regulation
Workplace Examination due 60 days Workplace Examination due 60 days after the effective date of the Regulationafter the effective date of the Regulation
WPV program due 75 days after the WPV program due 75 days after the effective date of the Regulationeffective date of the Regulation
Compliance with the all requirements of Compliance with the all requirements of the Regulation due 120 days after the the Regulation due 120 days after the effective date of the Regulationeffective date of the Regulation
NYS Department of LaborNYS Department of Labor
