Transcript Public Employer Workplace Violence Prevention Program

Public Employer
Workplace Violence
Prevention Program
12 NYCRR Part 800.6
Purpose and Intent
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Ensure the risk of WPV is evaluated by affected
public employers and their employees
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Design and implement protective programs to
minimize the hazard of WPV to employees
Definitions
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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
Definitions
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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
Definitions Continued
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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.
Definitions
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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.
Definitions
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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.
Definitions
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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
Definitions
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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.
Workplace Violence Incident
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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.
Workplace Violence Incident,
Continued
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Stalking a person with the intent of causing fear
when such stalking has arisen through or in the
course of employment.
Management Commitment
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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.
Risk Determination and
Examination
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Employer and Authorized Employee Reps. shall
perform the risk evaluation
Purpose is to determine the presence of risk
factors (situations or hazards) to employees
Examples of Risk Factors
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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
Written Workplace Violence
Prevention Program
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Employers with the participation of the
Authorized Employee Representative, shall
develop a written WPV program
Exception – less than 20 full time employees
Elements of the WPVP Program
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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
Employee Information and Training
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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
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Elements of the WPV Training
Program
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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
Recordkeeping and Recording
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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.
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.
Reports and Recordkeeping
Information that is required on Incident Report
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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
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.
Reports and Recordkeeping
Continued
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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
Employee Access to Information
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Access to the written program by employees,
AER and the Commissioner for reference in the
work area and during the regularly scheduled
shift
Employee Reporting of Concerns or
Incidents
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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
Employee Reporting of Concerns or
Incidents Continued
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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
DOL Inspection
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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
Effective Dates
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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)