WORKPLACE VIOLENCE
The NYS Labor Law § 27-b and its implementing regulations in 12 NYCRR § 800.6
establish requirements for the creation of programs aimed at the prevention of
Workplace Violence, as well as rules governing the training of employees on
these programs and procedures and record-keeping requirements for
employers. SUNY campuses are required to comply with the provisions of the
Workplace Violence Prevention Act and its regulations.
In order to comply, campuses need to undertake or develop each of the
following:
1.
Written Policy Statement
2.
Risk Evaluation
3.
Workplace Violence Prevention Program
4.
Employee Training
5.
System for Reporting Incidents, and
6.
Recording of Incidents of Workplace Violence
Requirements
It is the policy of the State University of New York that its campuses and the System Administration
comply with the requirements of the New York State Workplace Violence Prevention Act of 2006.
Accordingly, each campus and System Administration must have a Workplace Violence Prevention
program. A Workplace Violence Prevention Program must be tailored to the risks inherent to or present
at the particular workplace, considering all relevant circumstances. The following is a checklist of the
elements required for a compliant Workplace Violence Prevention Program based on the NYS Labor
Law and regulations.
WORKPLACE VIOLENCE CAMPUS CHECKLIST
I.
DEVELOP A WORKPLACE VIOLENCE POLICY STATEMENT
Written Policy Statement: develop and implement a written policy statement on
the employer’s workplace violence prevention program goals and objectives;
paragraph (e) of regulation.
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II.
Full employee participation during policy creation through an Authorized Employee
Representative/s (AER) through meetings, questionnaires, committee heads, etc.
Policy statement describes workplace violence prevention policy and informs
employees of the procedure for reporting incidents of workplace violence or making
complaints; describes level of AER participation
Policy is posted where notices to employees are normally posted.
UNDERTAKE A RISK EVALUATION AND DETERMINATION
Risk Assessment & Risk Assessment Walk-through: Employer must perform a risk
assessment of its workplace; paragraph (f) of Regulation.
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Examine records of past workplace violence incidents to determine problem areas or
the frequency of particular types of incidents.
Evaluate work practices and policies that may impact the risk of workplace violence.
Assess the physical environment of the workplace (via a physical walkthrough of the
workplace) to determine risk factors, and
Determine presence of factors which may place employees at risk of Workplace
Violence.
Authorized Employee Representative/s must be physically present during Risk
Assessment walk through or the employer must have documented, multiple efforts
made to include the Authorized Employee Representative/s and receipts of input
from Authorized Employee Representative/s.
III.
DEVELOP A WORKPLACE VIOLENCE PREVENTION PROGRAM
Workplace Violence Prevention Program: Employer must develop a Workplace
Violence Prevention program which is based on results of initial risk assessment and
related walkthrough; paragraph (g) of regulation.
Written Program includes:
A list of the risk factors identified in the risk assessment, and
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The methods the employer will use to prevent future incidents of workplace
violence, and
A “hierarchy of controls” to reduce or eliminate the identified hazards, in the
following order of preference:
o
o
o
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Engineering Controls: increased lighting, secure building access, security
hardware, etc.
Administrative/Work Practice Controls: increased staffing, security guards,
training, etc.,
Personal Protective Equipment; and
The methods the employer will use to address each specific risk identified in the risk
assessment.
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The procedure for reporting incidents of workplace violence.
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Procedure for retaining written records of these reports.
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A written outline/lesson plan for employee training on the WPV prevention
program.
A plan to review (and update, if necessary) the Workplace Violence Prevention
program on at least an annual basis.
Authorized Employee Representative/s participated in Program Development, by:
o
Providing input as to those situations in the workplace that pose a threat of
workplace violence.
o Providing input on the workplace violence prevention program the employer
intends to implement.
IV.
IMPLEMENT AND ENFORCE THE WORKPLACE VIOLENCE
PREVENTION PROGRAM
PROVIDE EMPLOYEE INFORMATION AND TRAINING
Training of Employees on workplace Violence Prevention Program: All Employees
must be trained on the risks of Workplace Violence; Paragraph (h) of regulation.
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Current employees trained at least annually.
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All new hires trained when they begin their employment.
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Training includes:
o
Information on the risks of workplace violence in the employer’s specific
workplace or workplaces
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Requirements imposed by the regulations.
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Location-specific risk factors identified by the risk assessment.
o
Detailed description of the Workplace Violence prevention program.
o
Measures employees can take to protect themselves from identified risks.
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Procedures employer has implemented to protect employees (e.g. alerts,
emergency procedures, security alarms, etc.)
How to obtain a copy of the Workplace Violence Prevention Program.
Re-Training of employees affected by the changes occurs when significant changes
are made to the Program, and at least annually if no changes are made to the
program.
ENSURE RECORDKEEPING AND RECORDING OF INCIDENTS OF
WORKPLACE VIOLENCE
Develop procedure for recording incidents of workplace violence where incident
results in death, days away from work, restricted work, transfer to another job,
medical treatment beyond first aid, loss of consciousness, or any “significant injury
or illness diagnosed by a physician or other licensed health care professional;”
Paragraph (i) of regulation.
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All incidents of workplace violence or threats of violence are reported to the
employer on an Incident Reporting Form which includes:
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o
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Workplace location and time of day of the incident and
A detailed description of the incident (including events leading up to the
incident and how it ended) and
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Names/titles of those involved and
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Nature of injuries arising from the incident and
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Names of witnesses.
Filed incident reports are reviewed at least annually by the employer with the
participation of the Authorized Employee Representative to:
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Identify any apparent trends in violent incidents and
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Review the effectiveness of preventative measures in place.
Retain Incident Reports for five years following end of calendar year that report was
made.
ESTABLISH COMPLAINT REPORTING PROCEDURE
Develop Procedure for employees to file complaints when the employee believes a
serious violation of the employer’s Workplace Violence Prevention Program exists or
believes that a workplace violence danger is imminent.
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Employees informed they must present a written complaint to their supervisor
before filing a complaint with DOL/PESH unless an imminent danger exists and the
employee reasonably believes in good faith that reporting to a supervisor would be
futile.
After a complaint is filed by an employee, employer given a reasonable period of
time for correction.
Employees informed they may request an inspection of the alleged violation by
DOL/PESH only AFTER notice and a reasonable time to correct are given to the
employer, and the employer is unable or unwilling to correct the alleged violation,
unless there is an imminent danger.
Complaint Procedure informs employees that Employers are specifically prohibited
from retaliating against employees for filing complaints or exercising any rights
under these regulations, including the filing of a complaint or request for inspection.
WORKPLACE VIOLENCE DEFINITIONS
Workplace Violence: As defined by the regulations, 12 NYCRR § 800.6(d)(11), “workplace
violence” is: “[a]ny physical assault or acts of aggressive behavior occurring where a public
employee performs any work-related duty in the course of his or her employment.” This may
include such conduct as: verbal or physical threats of physical injury; intentional displays of
force which cause an employee to fear bodily harm; intentional and wrongful physical contact,
without consent, that results in injury; stalking an employee with the intent to cause fear of
physical harm, if such stalking arose in the course of employment; or other similar conduct.
Authorized Employee Representatives: An employee authorized by the employees or the
designated representative of an employee organization recognized or certified to represent the
employees pursuant to Article 14 of the Civil Service Law. 12 NYCRR § 800.6(d)(1).
“Authorized Employee Representative” is defined so that it is the same as the definition in the
PESH act and will be provided with the same rights as laid out in the FOM and Part 802.
Imminent Danger: (5) Imminent Danger. Any conditions or practices in any place of
employment which are such that a danger exists which could reasonably be expected to cause
death or serious physical harm immediately or before the imminence of such danger can be
eliminated through the enforcement procedures otherwise provided for by this Part. Imminent
Danger definition uses the exact same language as the PESH FOM and the FOM should be used
to determine if imminent danger exists. 12 NYCRR § 800.6.
Related Procedures
N.Y. Lab. Law § 27-b
http://www.labor.ny.gov/workerprotection/safetyhealth/PDFs/Labor%20Law%20Article%202.p
df
12 NYCRR § 800.6.
http://www.labor.ny.gov/workerprotection/safetyhealth/PDFs/Workplace_Violence_Final_Regs_
May09.pdf
Workplace Violence Prevention Program Guidelines:
http://www.labor.ny.gov/workerprotection/safetyhealth/PDFs/PESH/WPV%20Violence%20Prev
ention%20Guidelines.pdf
12 NYCRR § 801 Recording and Reporting Public Employees Occupational Injuries and
Illnesses
http://www.labor.state.ny.us/workerprotection/safetyhealth/PDFs/PESH/Part801.pdf
Forms
Department of Labor Workplace Security Checklist
http://www.labor.ny.gov/workerprotection/safetyhealth/PDFs/Workplace%20Security%20Check
listx4.pdf
Other Related Information
PESH Compliance directive for Workplace Violence
http://www.labor.ny.gov/workerprotection/safetyhealth/PDFs/PESH/Staff%20Directive%20WP
V.pdf
Department of Labor: Workplace Violence Prevention Information
http://www.labor.ny.gov/workerprotection/safetyhealth/workplaceviolence.shtm
FBI Report on Workplace Violence
http://www.fbi.gov/stats-services/publications/workplace-violence
Appendicies