Thursday, March 26, 2009

Workplace Violence Prevention Information

from what we hear about a supervisor being pinned up against
a wall by a subordinate .. sounds like Mayor Brian Curran and the Board
need to review some of these NYS materials on Workplace Violence ...
several of these laws and regulations are mandated and not optional
or "if-you-feel-like-it" matters
( this seems to be a chronically difficult concept for the Mayor and Board )

www.labor.state.ny.us/workerprotection/safetyhealth/PDFs/Workplace%20Violence%20FlyerNov3.pdf

New York State Department of Labor
Division of Safety and Health
Workplace Violence Prevention Requirements
For
New York State Public Employers

What is the New York State Workplace Violence Prevention Law?
On June 7, 2006, New York State enacted legislation creating a new Section 27-b of State Labor Law that
requires public employers (other than schools covered under the school safety plan requirements of the
education law) to perform a workplace evaluation or risk evaluation at each worksite and to develop and
implement programs to prevent and minimize workplace violence caused by assaults and homicides. The
Law is designed to ensure that the risk of workplace assaults and homicides are regularly evaluated by
public employers and that workplace violence protection programs are implemented to prevent and
minimize the hazard to public employees.
What is the effective date of the Law?
This Law was signed on June 7, 2006. An amendment to the Law was enacted on August 16, 2006,
extending the effective date of the Law 270 days from June 7th. As a result of this extender, the new
effective date of the Law is March 4, 2007, which is the date public employers must comply with its
provisions. The Department of Labor is required to promulgate rules and regulations to implement the
provision of this Law by July 2007. The Department will follow the New York State Administrative
Procedure Act (SAPA) in developing and promulgating such regulations which will ensure that interested
parties have ample opportunity to provide comments. That process is currently underway.
What public employers are covered by this Law?
According to the law, the term public employer includes the state, a political subdivision of the state, a
public authority, a public benefit corporation and any other governmental agency or instrumentality.
Employers defined in Section 2801-A of New York State Education Law are exempt from the provisions
of the Workplace Violence Prevention Law since there is existing law requiring them to develop and
maintain “school safety plans”.

What is Workplace Violence?
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as "violent
acts (including physical assaults and threats of assaults) directed toward persons at work or on duty."
Workplace violence is any physical assault, threatening behavior or verbal abuse occurring in the work
setting.
Workplace violence presents serious occupational safety hazards for workers and unique challenges for
employers who must prevent violence from occurring. During the last decade homicide was the third
leading cause of death for all workers and the leading cause of occupational death for female workers. A
large number of these reported homicides were related to robberies and police and public security
functions. The majority of violent type incidents affecting workplaces are cases of assaults, threats,
domestic violence, forms of harassment and physical and/or emotional abuse.
An employer conducted risk evaluation will help determine the possible dangers that employees may face
from workplace violence risks and assist the employer in the development of a suitable workplace violence
prevention program. ....

http://www.labor.state.ny.us/workerprotection/safetyhealth/workplaceviolence.shtm

Workplace Violence Prevention Information

Workplace violence is a serious safety and health concern. There are a number of measures that employers and employees can take to pro-actively prevent violence from occurring in workplaces. The essential ingredients of such measures include the conduct of workplace risk assessments, the development of functional response plans and the conduct of employee training and awareness programs.

The “New York State Public Employer Workplace Violence Prevention Law” was enacted to ensure that public workplaces are evaluated and effective response and prevention strategies are implemented to prevent and minimize workplace violence.
The information found below will assist public employers in meeting the requirements of the Law and ensuring that their workplaces and employees are as safe as possible from the threat of violence.

Planning

Fact Sheet (word) Fact Sheet (pdf)
Law (pdf)
Model Plan for Workplace Violence Prevention (word) Model Plan for Workplace Violence Prevention (pdf)
Workplace Security Checklist (word)

Workplace Security Checklist (pdf)

Proposed Workplace Violence Regulations (pdf)



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