WORKPLACE VIOLENCE PROGRAMS AT SUNY

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1 WORKPLACE VIOLENCE PROGRAMS AT SUNY The NYS Labor Law 27-b and its implementing regulations in 12 NYCRR 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, which are described in this document in checklist format. The links below will bring you to the relevant sections of the checklist. 1. Written Policy Statement 2. Risk Evaluation 3. Develop Workplace Violence Prevention Program 4. Implement and Enforce Workplace Violence Prevention Program Employee Training System for Reporting Incidents, and Recording of Incidents of Workplace Violence 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 P a g e 1

2 SUNY WORKPLACE VIOLENCE CAMPUS CHECKLIST The following checklist was created by SUNY General Counsel's Office, and is meant to be used by the campuses as a guidance document when developing and maintaining a Workplace Violence program in accordance with New York State Law. It is available via the SUNY compliance website on the Workplace Violence compliance topic page. The checklist is available in the Compliance Topics section of the website, under Employee Relations and Human Resources compliance. 1. 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. 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. 2. Undertake a Risk Evaluation and Determination RISK ASSESSMENT AND RISK-ASSESSMENT WALK-THROUGH Employer must perform a risk assessment of its workplace and risk assessment walk-through; paragraph (f) of Regulation. 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. P a g e 2

3 3. 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 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 Engineering Controls: increased lighting, secure building access, security hardware, etc. o Administrative/Work Practice Controls: increased staffing, security guards, training, etc. o Personal Protective Equipment; and The methods the employer will use to address each specific risk identified in the risk assessment. The procedure for reporting incidents of workplace violence. Procedure for retaining written records of these reports. 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. P a g e 3

4 4. Implement and Enforce the Workplace Violence Prevention Program EMPLOYEE TRAINING Provide employees with training and information on the Workplace Violence Prevention Program. All Employees must be trained on the risks of Workplace Violence; Paragraph (h) of regulation. Current employees trained at least annually. All new hires trained when they begin their employment. Training includes: o Information on the risks of workplace violence in the employer s specific workplace or workplaces o Requirements imposed by the regulations. o 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. o Procedures employer has implemented to protect employees (e.g. alerts, emergency procedures, security alarms, etc.) o 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. 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. 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. P a g e 4

5 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. 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. All incidents of workplace violence or threats of violence are reported to the employer on an Incident Reporting Form which includes: o Workplace location and time of day of the incident; and o A detailed description of the incident (including events leading up to the incident and how it ended); and o Names/titles of those involved; and o Nature of injuries arising from the incident; and o Names of witnesses. Filed incident reports are reviewed at least annually by the employer with the participation of the Authorized Employee Representative to: o Identify any apparent trends in violent incidents; and o Review the effectiveness of preventative measures in place. Retain Incident Reports for five years following end of calendar year that report was made. P a g e 5