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NEW YORK STATE PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS LAW

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Title: WORKPLACE VIOLENCE PREVENTION Author: Patricia Biles Last modified by: Shemkovitz, Paul - OSHA Created Date: 5/19/1999 8:30:22 PM Document presentation format – PowerPoint PPT presentation

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Title: NEW YORK STATE PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS LAW


1
NEW YORK STATE PUBLIC EMPLOYER WORKPLACE VIOLENCE
PREVENTION PROGRAMS LAW
2
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.

3
Number of Violent Acts Against Government Workers
in New York State
2003 2004
Assaults Violent Acts Against NYS Employees 1290 1900
Assaults Violent Acts Against Local Government Employees 3600 3240
4
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.
5
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

6
WHAT IS WORKPLACE VIOLENCE?
Workplace violence is any physical assault,
threatening behavior, or verbal abuse occurring
in the work setting
7
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

8
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

9
Who Commits Workplace Violence
  • Violence by strangers
  • Violence by customers or clients
  • Violence by co-workers
  • Violence by personal relations

10
WHAT IS A WORKPLACE
A workplace may be any location either permanent
or temporary where an employee performs any
work-related duty
11
WORKPLACE (contd)
  • 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

12
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.

13
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

14
Policy Statement
  • The policy statement briefly describes the
    employers 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.

15
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

16
Risk Evaluation Determination
  • The Employer must evaluate the workplace to
    determine the presence of factors which may place
    employees at risk of workplace violence.

17
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.

18
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

19
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

20
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

21
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

22
Employee Training
  • Initial employee training and annual employee
    retraining are required.

23
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

24
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

25
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.

26
PROGRAM DEVELOPMENT
  • Guide for Public Employers
  • How to Comply with Workplace Violence Regulations
    12 NYCRR Part 800.6

27
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

28
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

29
MORE INFORMATION
  • http//labor.ny.gov/workerprotection/safetyhealth/
    workplaceviolence.shtm

30
  • Questions?
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