NEW YORK STATE PUBLIC
EMPLOYER WORKPLACE
VIOLENCE PREVENTION
PROGRAMS LAW
NYS Department of Labor
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
Number of Violent Acts Against
Government Workers in New
York State
Assaults & Violent
Acts Against NYS
Employees
Assaults & Violent
Acts Against Local
Government
Employees
2003
2004
1290
1900
3600
3240
NYS Department of Labor
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
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
WHAT IS WORKPLACE
VIOLENCE?
Workplace violence is any physical assault,
threatening behavior, or verbal abuse
occurring in the work setting
NYS Department of Labor
Workplace Violence Includes:
 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
NYS Department of Labor
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
Who Commits Workplace
Violence
Violence by
strangers
Violence by
customers or
clients
Violence by coworkers
Violence by
personal relations
NYS Department of Labor
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
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
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.
WHAT 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 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 Involvement
Employers must provide for participation
by Authorized Employee Representatives:
During the evaluation of the workplace
During the development of the written
Workplace Violence Prevention
Program
During the annual record and program
review
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Risk 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 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 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
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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
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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
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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
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Employee Training
Initial employee training and annual
employee retraining are required.
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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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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
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
PROGRAM DEVELOPMENT
Guide for Public Employers
How to Comply with Workplace Violence
Regulations 12 NYCRR Part 800.6
NYS Department of Labor
Program Development Process
1. Develop and implement a workplace violence
prevention policy statement
2. Conduct a risk evaluation and determine what
risk factors are present
3. Develop a workplace violence prevention
program
4. Provide information and training to employees
on workplace violence
5. Develop a system to record workplace violence
incidents and maintain those records
NYS Department of Labor
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
MORE INFORMATION
http://labor.ny.gov/workerprotection/safetyhe
alth/workplaceviolence.shtm
NYS Department of Labor
Questions?
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