Workplace Violence Prevention & The NYS WPV Act

1. Workplace Violence Prevention & The NYS WPV Act J. Brett Carruthers, CSP Manager, Risk Services New York Municipal Insurance Reciprocal bcarruthers@wrightinsurance.com 716.282.4890

2. What is Workplace Violence? • Workplace violence is any physical assault, threatening behavior, or verbal abuse occurring in the workplace • This includes, but is not limited to, municipal buildings and the surrounding perimeters, including the parking lots, field locations, clients’ homes and traveling to and from work assignments

3. 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:

4. Did You Know? • Supervisors or domestic partners are typically the victims of workplace violence. • Each week, an average of 20 people are murdered & over 28,800 are assaulted at work in the United States.

5. EXAMPLES • Verbal threats to inflict bodily harm • Vague or Covert Threats • Attempting to cause physical harm • Striking, Pushing and other Aggressive Physical Acts against another person

6. TYPES OF WORKPLACE VIOLENCE • Violence by Strangers • Violence by Customers or Clients • Violence by Co-Workers • Violence by Relatives

7. EXTENT OF PROBLEM We live in an increasingly violent culture • Job-related homicides were the third leading cause of death for all workers. • The #1 cause of occupational death for female workers. • The #2 cause of occupational death for male workers.

8. ECONOMIC IMPACT • 1.1 Million Lost Work Days • $55 Million Lost Wages • Lost Productivity • Legal Expenses • Property Damage, • Public Relations • Increased Security

10. Cruelty to Animals High Risk Behavior(s) Destruction of Property Substance Abuse Socially Isolated Bullying History of Victimization History of Violence Recent Experience of Loss, Shame or Humiliation Risk Factors for Violent Behavior

11. What is the NYS Workplace Violence Prevention Act? • On June 7, 2006 New York State passed legislation, Article 27-b of the Labor Law, that requires public employers to perform a workplace evaluation or risk assessment at each worksite and to develop and implement programs to prevent and minimize workplace violence.

12. WPV Program Requirements • Effective March 4, 2007 • Risk Evaluation Determination • Written Workplace Violence Prevention Program • Employee Information • Employee Training

13. What is a Risk Evaluation? A Risk Evaluation is an inspection or examination of the workplace to find existing or potential hazards (Risk Factors) for workplace violence

14. RISK EVALUATION ELEMENTS • History of Past Incidents • PESH SH900 Injury and Illness Log • Employee Survey • Physical Workplace Security Building Surveys

15. Contact with the public Working late night or early morning Exchanging money with the public Working alone or in small numbers Uncontrolled access to the workplace Having a dynamic workplace such as law enforcement, public health, mental health or social service employees RISK FACTORS

16. Written Workplace Violence Program Components • Board Adopted Policy Statement (20+ Employees) • Discussion of Workplace Risk Factors • Discussion of Workplace Violence Mitigation Methods • Workplace Violence Reporting Form and Procedure

17. Policy Statement • Signed by the Board • Management Commitment • Employee Involvement

18. EMPLOYEE INFORMATION • Requirement of the WPV Prevention Program • Risk Factors in their workplaces • Location and availability of the written WPV Prevention Program

19. EMPLOYEE TRAINING • Initially or Upon Assignment and Annually Thereafter • Review of the WPV Prevention Program • The importance of preparation in preventing violence

20. Employee Training & Education • The Act Itself • Your Workplace Violence Program • Risk Factors Identified Location of Written Report Protective Measures Employer-initiated Protective Measures

21. Make high risk areas more visible Install appropriate perimeter lighting Use drop safes Decrease cash on hand Change Deposit Times and Routes Post signs – stating limited cash Train employees in conflict resolution skills HAZARD CONTROL METHODS

22. Visibility and Lighting Landscaping Higher Counters Video Surveillance Height Markers Door Intercoms Alarms Panic Buttons Bullet Resistant Barriers ENGINEERING CONTROLS

23. Administrative and Work Practice Controls • Develop Procedures for Opening and Closing • Limit Access to Remote Doors • Adopt Procedures for off-site work • Evaluate Staffing Needs for High Risk Locations/Times • Working Relationship With Law Enforcement

24. WPV Incident Reporting Procedure • All Incidents of Workplace Violence Must Be Reported • Need to Determine who will be notified and whether law enforcement needs to be involved. • Initial Reports may be made orally, then followed up with written report on Workplace Violence Reporting Form

25. Barriers to Reporting “That kind of thing doesn’t happen here.” “They won’t come after me.” “I can’t report this he’ll come after me.” “I don’t want to get anyone into trouble.” “When something happens people will know how to react.” “People just snap!”

26. Incident Reporting Procedures • To be completed by appropriate Supervisor • Reviewed with Employees • Investigation completed • Confidentiality stressed • Retaliation stressed

27. Crisis Counseling Services • Can usually be arranged via the Municipality’s Employee Assistance Program at no additional charge. • Need to determine when these services will be activated.

28. Crisis Counseling Services Activation Example • Crisis Counseling will be provided after there have been workplace violence incidents involving: • Serious Physical Harm to 1 or more employees • A Hostage Situation involving 1 or more employees • An Employee Death

29. Additional Resources • NYS DOL Safety and Health Website http://www.labor.state.ny.us/workerprotection/safetyhealth/DOSH_INDEX.shtm • NIOSH http://www.cdc.gov/niosh/injury/traumaviolence.html • FBI http://www.fbi.gov/publications/violence.pdf

30. IN SUMMARY • Risk Evaluation • WPVPP (> 20 employees, must be written) • List of Risk Factors • Control Methods • Information and Training • Initial Assignment • Annually Thereafter

31. QUESTIONS