Public Employer Workplace Violence Prevention Program

1. Public Employer Workplace Violence Prevention Program 12 NYCRR Part 800.6

2. Purpose and Intent • Ensure the risk of WPV is evaluated by affected public employers and their employees • Design and implement protective programs to minimize the hazard of WPV to employees

3. Definitions • Authorized Employee Representative: an employee authorized by the employees or the designated rep from an employee organization • Commissioner: The Commissioner of Labor • Employee: A public employee working for an employer • Participation of the Authorized Employee Representative – The AER is given an opportunity to contribute information, assist with analyzing statistics and conducting the WPV Risk evaluation and determination and participate in incident reviews

4. Definitions • Employer: The State, any political subdivision of the state, public authorities, public benefit corporations and any other governmental agency or instrumentality thereof. (Does not cover public schools) • Imminent Danger: Condition or practices which could be expected to cause death or serious physical harm

5. Definitions Continued • Retaliatory Action: Adverse action taken against an employee due to exercising a right accorded by law. • Risk evaluation and determination: An employers examination of the workplace to determine if existing or potential hazards exist which might place employees at risk of workplace violence. • Serious Physical Harm: physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ or a sexual offense as defined in Article 130 of the Penal Law.

6. Definitions • Serious Violation: A serious violation shall be deemed to exist if there is a substantial probability that death or serious physical harm could result from a condition that exists or from one or more practices, means, methods or process in use in the work place. Failure to develop and implement a program would also be considered a serious violation.

7. Definitions • Supervisor: Any person in the employers organization who has the authority to direct and control the work performance of an employee, or has the authority to take corrective action regarding the violation of a law, rule or regulation to which an employee submits written notice.

8. Definitions • Workplace: Any location away from an employees domicile, permanent or temporary, where an employee performs any work related duty in the course of his or her employment by an employer

9. Definitions • Workplace Violence: Any 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.

10. Workplace Violence Incident • An attempt or threat whether verbal or physical to inflict injury upon an employee. • Any intentional display of force which would give an employee reason to fear or expect bodily harm. • Intentional and wrongful physical contact with a person without his or her consent that entails some injury.

11. Workplace Violence Incident, Continued • Stalking a person with the intent of causing fear when such stalking has arisen through or in the course of employment.

12. Management Commitment • Written policy statement on the employers Workplace Violence Prevention Program • States goals and objectives and provides for full employee participation through an authorized employee representative. • Statement shall be posted where employee notices are normally posted • Brief description of WPV policy and alert and notification procedures in the event of a WPV Incident. • Responsibility to implement remains with the employer.

13. Risk Determination and Examination • Employer and Authorized Employee Reps. shall perform the risk evaluation • Purpose is to determine the presence of risk factors (situations or hazards) to employees

14. Examples of Risk Factors • Working in public settings • Working late night or early morning hours • Exchanging money with the public • Working alone or in small numbers • Uncontrolled access to the workplace • Areas of previous security problems

15. Written Workplace Violence Prevention Program • Employers with the participation of the Authorized Employee Representative, shall develop a written WPV program • Exception – less than 20 full time employees

16. Elements of the WPVP Program • List of Risk Factors • Methods used to prevent violent incidents • A hierarchy of controls • Address each specific hazard • Crisis Counseling • Reporting System • Include outline or lesson plan of employee training program • Annual review of the WPVP Program

17. Employee Information and Training • Upon completion of the written WPVP plan, information and training shall be provided to all employees on the risk of WPV in their workplace: • At initial assignment • At least annually there after Retraining shall be provided whenever significant changes are made to the WPVP program or within the workplace examination or determination

18. Elements of the WPV Training Program • Requirements of the regulation • Risk factors found • How employees can protect themselves • Review of the work controls, procedures, devices or practices employees are to use to protect themselves • Where the written plan is kept and how to obtain a copy (exception: 20 or less employees) • Procedures for obtaining Crisis Counseling

19. Recordkeeping and Recording • Develop protocols on how to report a WPV incident, including how to report an incident that may be criminal to law enforcement. • Employees right to pursue a criminal complaint.

20. Liaison with Law Enforcement or District Attorney Office Employers at sites that routinely experience WPV incidents which may involve criminal conduct or serious injury should attempt to develop a protocol with DA’s or PD office to aid in proper investigation and prosecution Employer should assist employees who wish to file a criminal complaint after a WPV incident.

21. Reports and Recordkeeping Information that is required on Incident Report • Workplace Location • Time of Day/Shift • Incident Description including what happened just prior to the incident and how the incident ended. • Names and job titles of employees involved • Name or other identifier of other individuals involved • Nature and extent of injuries arising from the incident • Names of witnesses

22. Reports and Recordkeeping Continued An explanation of the actions the employer has or is in the process of taking to mitigate future incidents with a time table for correction where appropriate. Interim protective measures shall also be listed. The employer shall address global (all similar worksites) enhancements which become apparent and are necessary to protect all employees.

23. Reports and Recordkeeping Continued • WPV reports must be maintained for use in program reviews and updates • This requirement does not relieve the employer of the recordkeeping requirements of 12NYCRR Part 801 • Annual Review, at least annually, with the participation of the AER, review the WPV incident reports to identify trends and patterns and judge the effectiveness of controls and procedures currently in place

24. Employee Access to Information • Access to the written program by employees, AER and the Commissioner for reference in the work area and during the regularly scheduled shift

25. Employee Reporting of Concerns or Incidents • Employee concerns must be addressed to the supervisor in writing and a reasonable opportunity given to the employer to address such concerns • Imminent danger situations may be exempt when the employee believes in good faith that a written report would not result in corrective action

26. Employee Reporting of Concerns or Incidents Continued • If the employer is unable to correct the employee concern or hazard (after a reasonable opportunity) and the employee still feels an imminent danger or a dangerous situation still exist, a PESH complaint may be initiated • Discrimination

27. DOL Inspection • Not limited to the topics within the complaint • Allows for employer and employee representatives to participate • Minimum burden to the employer • Imminent Danger allegations have a high priority. • Will be conducted in accordance with Part 802

28. Effective Dates • WPV Policy Statement due 30 days after the effective date of the Regulation (May 29, 2009) • Workplace Examination due 60 days after the effective date of the Regulation (June 29, 2009) • WPV program due 75 days after the effective date of the Regulation (July 14, 2009) • Compliance with the all requirements of the Regulation due 120 days after the effective date of the Regulation (August 27, 2009)