NEW YORK STATE PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS LAW

NEW YORK STATE PUBLIC NEW YORK STATE PUBLIC EMPLOYER WORKPLACE EMPLOYER WORKPLACE VIOLENCE PREVENTION VIOLENCE PREVENTION

PROGRAMS LAWPROGRAMS LAW

NYS Department of LaborNYS Department of Labor


THE PROBLEMTHE PROBLEM

Job-related homicides were the third leading cause of death for all workers.

The #1 cause of occupational death for all female workers.

The #2 cause of occupational death for male workers.


Number of Violent Acts Against Number of Violent Acts Against Government Workers in New Government Workers in New

York StateYork State

2003 2004

Assaults & Violent Acts Against NYS

Employees 1290 1900

Assaults & Violent Acts Against Local Government Employees

3600 3240


New York State Workplace New York State Workplace Violence Prevention ActViolence Prevention Act

The New York State Public Employer Workplace Violence Prevention Act, section 27-B of the labor law, was passed June 7, 2006 and became effective March 4, 2007.

The final regulations, NYCRR Part 800.6, were promulgated on April 29, 2009 giving employers 120 days – until August 27, 2009 – to comply.

PURPOSE AND INTENTPURPOSE AND INTENT

Ensure the risk of workplace violence is evaluated by affected public employers and their employees

Design and implement protective programs to minimize the hazard of workplace violence to employees


WHAT IS WORKPLACE WHAT IS WORKPLACE VIOLENCE?VIOLENCE?

Workplace violence is any physical assault, threatening behavior, or verbal abuse occurring in the work setting


Workplace Violence Includes:Workplace Violence Includes:

BeatingsStabbingsSuicidesShootingsRapesNear-suicidesPsychological

traumas

Threats or obscene phone calls

Intimidation Harassment of any

nature Being followed,

sworn or shouted at


ExamplesExamples

Verbal threats to inflict bodily harm; including vague or covert threats

Attempting to cause physical harm; striking, pushing and other aggressive physical acts against another person


Who Commits Workplace Who Commits Workplace ViolenceViolence

Violence by strangers

Violence by customers or clients

Violence by co-workers

Violence by personal relations


WHAT IS A WORKPLACEWHAT IS A WORKPLACE

A workplace may be any location either permanent or temporary where an employee performs any work-related duty


WORKPLACEWORKPLACE (cont’d) (cont’d)

This includes, but is not limited to, the buildings and the surrounding perimeters, including the parking lots, field locations, clients’ homes and traveling to and from work assignments

WHAT IS A PUBLIC EMPLOYERWHAT IS A PUBLIC EMPLOYER

The State, any political subdivision of the state, public authorities, public benefit corporations and any other governmental agency or instrumentality thereof.

Except, Public School Districts, BOCES, New York City Public Schools, County Vocational Education and Extension Boards are exempt.

WHAT THE RULE REQUIRESWHAT THE RULE REQUIRES

1. Policy statement – to demonstrate management commitment and employee involvement

2. Risk evaluation and determination

3. Workplace Violence Prevention Program

4. Employee training

5. Recordkeeping

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Policy StatementPolicy Statement

The policy statement briefly describes the employer’s workplace violence prevention policy, what the employer deems to be violence, how to report an incident and how to submit complaints. The policy statement also outlines the level of participation by the Authorized Employee Representative.

The Policy Statement must be written and it must be posted where notices to employees are normally posted..

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Employee InvolvementEmployee Involvement

Employers must provide for participation by Authorized Employee Representatives:During the evaluation of the workplaceDuring the development of the written Workplace Violence Prevention ProgramDuring the annual record and program review

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Risk Evaluation & DeterminationRisk Evaluation & Determination

The Employer must evaluate the workplace to determine the presence of factors which may place employees at risk of workplace violence.

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Record ExaminationRecord Examination

The employer must examine injury reports and any other available records to identify patterns of workplace violence injuries in particular areas of the workplace or incidents which involve specific operations or specific individuals.

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Administrative Risk FactorsAdministrative Risk FactorsThe employer must assess relevant policies, work practices, and work procedures that may impact the risk of workplace violence. Some examples are:Direct contact with the public, patients, defendants or inmatesWorking late at night or early in the morningHandling cash, checks or valuablesWorking alone or in a small groupVisiting client locations aloneBeing out of direct communication with a supervisor or other employees

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Evaluation of the Physical Evaluation of the Physical EnvironmentEnvironment

The employer, with the participation of the Authorized Employee Representative, must evaluate all of the workplaces to determine the presence of factors which may place employees at risk of workplace violence. Some examples are:Access to workspaces (offices, cubicles, etc.)Building security systems and hardwareLighting in parking lots and isolated areasAccess to money, valuables or weaponsAreas where security concerns were previously reported

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The ProgramThe Program

A Workplace Violence prevention Program is an employer program designed to prevent, minimize and respond to any workplace violence, the development and implementation of which is required by Article 2, Section 27-B of the New York State Labor Law.

Employers with 20 or more permanent full time employees must develop a written program

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Program ElementsProgram Elements A list of the risk factors identified in the workplace

examination The methods the employer will use to prevent workplace

violence incidents A hierarchy of controls to which the program will adhere

as follows: engineering controls, work practice controls, and finally personal protective equipment

The methods and means by which the employer will address each specific hazard identified in the workplace evaluation

A system for reporting workplace violence incidents in writing

A written outline or lesson plan for employee training A plan for program review and update on at least an

annual basis2121

Employee Training Employee Training

Initial employee training and annual employee retraining are required.

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Employee Training Requirements Employee Training Requirements

WVP rule requirements Risk factors that were identified in the risk

evaluation and determination Measures employees can take to protect

themselves from the risks and measures the employer has taken to protect employees

How to obtain a copy of the written Workplace Violence Prevention Program

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RecordkeepingRecordkeeping

Reports of work injuries from assaultsReports of work injuries from assaultsDOSH Log of Injury and Illness (SH 900)DOSH Log of Injury and Illness (SH 900) Incidents of abuse, verbal attacks or Incidents of abuse, verbal attacks or

aggressive behavioraggressive behaviorRecords of all training programsRecords of all training programs


Recordkeeping and EvaluationRecordkeeping and Evaluation

Recordkeeping and evaluation of the Recordkeeping and evaluation of the workplace violence prevention program are workplace violence prevention program are necessary to determine overall effectiveness necessary to determine overall effectiveness and identify deficiencies or changes that and identify deficiencies or changes that should be made.should be made.

PROGRAM DEVELOPMENTPROGRAM DEVELOPMENT

Guide for Public EmployersGuide for Public Employers

How to Comply with Workplace Violence How to Comply with Workplace Violence Regulations 12 NYCRR Part 800.6Regulations 12 NYCRR Part 800.6


Program Development ProcessProgram Development Process

1.1. Develop and implement a workplace violence Develop and implement a workplace violence prevention policy statementprevention policy statement

2.2. Conduct a risk evaluation and determine what Conduct a risk evaluation and determine what risk factors are presentrisk factors are present

3.3. Develop a workplace violence prevention Develop a workplace violence prevention programprogram

4.4. Provide information and training to employees Provide information and training to employees on workplace violenceon workplace violence

5.5. Develop a system to record workplace violence Develop a system to record workplace violence incidents and maintain those recordsincidents and maintain those records


PESH ACTIVITIESPESH ACTIVITIES

Enforcement: WVPP covered during most Enforcement: WVPP covered during most PESH inspectionsPESH inspections

Consultation: Provides program Consultation: Provides program development and training assistancedevelopment and training assistance

Complaints: Management must be notified Complaints: Management must be notified of the complaint in writing and given of the complaint in writing and given reasonable time to respond before filing a reasonable time to respond before filing a complaint with PESHcomplaint with PESH


MORE INFORMATIONMORE INFORMATION

http://labor.ny.gov/workerprotection/safetyhealth/workplaceviolence.shtm


Questions?Questions?

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Documents

NEW YORK STATE PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS LAW