NEW YORK STATE PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS LAW

1. NEW YORK STATE PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS LAW NYS Department of Labor

2. THE 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. NYS Department of Labor

3. Number of Violent Acts Against Government Workers in New York State NYS Department of Labor

4. New York State Workplace Violence 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. NYS Department of Labor

5. PURPOSE 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

6. WHAT IS WORKPLACE VIOLENCE? Workplace violence is any physical assault, threatening behavior, or verbal abuse occurring in the work setting NYS Department of Labor

7. Beatings Stabbings Suicides Shootings Rapes Near-suicides Psychological traumas Threats or obscene phone calls Intimidation Harassment of any nature Being followed, sworn or shouted at Workplace Violence Includes: NYS Department of Labor

8. Examples • 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 NYS Department of Labor

9. Violence by strangers Violence by customers or clients Violence by co-workers Violence by personal relations Who Commits Workplace Violence NYS Department of Labor

10. WHAT IS A WORKPLACE A workplace may be any location either permanent or temporary where an employee performs any work-related duty NYS Department of Labor

11. WORKPLACE (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 NYS Department of Labor

12. WHAT 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.

13. WHAT THE RULE REQUIRES Policy statement – to demonstrate management commitment and employee involvement Risk evaluation and determination Workplace Violence Prevention Program Employee training Recordkeeping

14. Policy 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.

15. Employee Involvement Employers must provide for participation by Authorized EmployeeRepresentatives: During the evaluation of the workplace During the development of the written Workplace Violence Prevention Program During the annual record and program review

16. Risk Evaluation & Determination The Employer must evaluate the workplace to determine the presence of factors which may place employees at risk of workplace violence.

17. Record 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.

18. Administrative Risk Factors The 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 inmates Working late at night or early in the morning Handling cash, checks or valuables Working alone or in a small group Visiting client locations alone Being out of direct communication with a supervisor or other employees

19. Evaluation of the Physical Environment 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 hardware Lighting in parking lots and isolated areas Access to money, valuables or weapons Areas where security concerns were previously reported

20. The 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

21. Program 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 basis

22. Employee Training Initial employee training and annual employee retraining are required.

23. 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

24. Recordkeeping • Reports of work injuries from assaults • DOSH Log of Injury and Illness (SH 900) • Incidents of abuse, verbal attacks or aggressive behavior • Records of all training programs NYS Department of Labor

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

26. PROGRAM DEVELOPMENT Guide for Public Employers How to Comply with Workplace Violence Regulations 12 NYCRR Part 800.6 NYS Department of Labor

27. Program Development Process • Develop and implement a workplace violence prevention policy statement • Conduct a risk evaluation and determine what risk factors are present • Develop a workplace violence prevention program • Provide information and training to employees on workplace violence • Develop a system to record workplace violence incidents and maintain those records NYS Department of Labor

28. PESH ACTIVITIES • Enforcement: WVPP covered during most PESH inspections • Consultation: Provides program development and training assistance • Complaints: Management must be notified of the complaint in writing and given reasonable time to respond before filing a complaint with PESH NYS Department of Labor

29. MORE INFORMATION http://labor.ny.gov/workerprotection/safetyhealth/workplaceviolence.shtm NYS Department of Labor

30. Questions?