Transcript NYMIR Law Enforcement Liability Project Overview

Workplace Violence
Prevention & The NYS
WPV Act
J. Brett Carruthers, CSP
Manager, Risk Services
New York Municipal Insurance
Reciprocal
[email protected]
716.282.4890
What is Workplace Violence?
Workplace violence is any physical assault,
threatening behavior, or verbal abuse
occurring in the workplace
This includes, but is not limited to, municipal
buildings and the surrounding perimeters,
including the parking lots, field locations,
clients’ homes and traveling to and from work
assignments
Workplace Violence Includes:
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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
Did You Know?
 Supervisors or domestic partners are
typically the victims of workplace
violence.
 Each week, an average of 20 people
are murdered & over 28,800 are
assaulted at work in the United
States.
EXAMPLES
 Verbal threats to
inflict bodily harm
 Vague or Covert
Threats
 Attempting to cause
physical harm
 Striking, Pushing
and other Aggressive
Physical Acts against
another person
TYPES OF WORKPLACE
VIOLENCE
 Violence by Strangers
 Violence by Customers or Clients
 Violence by Co-Workers
 Violence by Relatives
EXTENT OF PROBLEM
We live in an increasingly violent culture
• Job-related homicides were the third leading
cause of death for all workers.
• The #1 cause of occupational death for female
workers.
• The #2 cause of occupational death for male
workers.
ECONOMIC IMPACT
 1.1 Million Lost
Work Days
 $55 Million Lost
Wages
 Lost Productivity
 Legal Expenses
 Property Damage,
 Public Relations
 Increased Security
Risk Factors for
Violent Behavior
 Cruelty to
Animals
 High Risk
Behavior(s)
 Destruction of
Property
 Substance Abuse
 Socially Isolated
 Bullying
 History of
Victimization
 History of
Violence
 Recent
Experience of
Loss, Shame or
Humiliation
What is the NYS Workplace
Violence Prevention Act?
On June 7, 2006 New York State passed
legislation, Article 27-b of the Labor Law, that
requires public employers to perform a
workplace evaluation or risk assessment at
each worksite and to develop and implement
programs to prevent and minimize workplace
violence.
WPV Program Requirements
 Effective March 4, 2007
 Risk Evaluation Determination
 Written Workplace Violence Prevention
Program
 Employee Information
 Employee Training
What is a Risk Evaluation?
A Risk Evaluation is an inspection or
examination of the workplace to find
existing or potential hazards (Risk
Factors) for workplace violence
RISK EVALUATION
ELEMENTS
 History of Past
Incidents
 PESH SH900 Injury
and Illness Log
 Employee Survey
 Physical Workplace
Security Building
Surveys
RISK FACTORS
 Contact with the
public
 Working late night
or early morning
 Exchanging money
with the public
 Working alone or in
small numbers
 Uncontrolled access
to the workplace
 Having a dynamic
workplace such as
law enforcement,
public health,
mental health or
social service
employees
Written Workplace Violence
Program Components
 Board Adopted Policy Statement (20+
Employees)
 Discussion of Workplace Risk Factors
 Discussion of Workplace Violence
Mitigation Methods
 Workplace Violence Reporting Form and
Procedure
Policy Statement
Signed by the Board
Management Commitment
Employee Involvement
EMPLOYEE
INFORMATION
 Requirement of the WPV Prevention
Program
 Risk Factors in their workplaces
 Location and availability of the written
WPV Prevention Program
EMPLOYEE TRAINING
 Initially or Upon Assignment and
Annually Thereafter
 Review of the WPV Prevention
Program
 The importance of preparation in
preventing violence
Employee Training &
Education
The Act Itself
Your Workplace
Violence
Program
Risk Factors
Identified
Location of
Written Report
Protective
Measures
Employerinitiated
Protective
Measures
HAZARD CONTROL
METHODS
 Make high risk
areas more visible
 Install appropriate
perimeter lighting
 Use drop safes
 Decrease cash on
hand
 Change Deposit
Times and Routes
 Post signs – stating
limited cash
 Train employees in
conflict resolution
skills
ENGINEERING CONTROLS
Visibility and
Lighting
Landscaping
Higher Counters
Video
Surveillance
Height Markers
Door Intercoms
Alarms
Panic Buttons
Bullet Resistant
Barriers
Administrative and Work
Practice Controls
Develop Procedures for Opening and
Closing
Limit Access to Remote Doors
Adopt Procedures for off-site work
Evaluate Staffing Needs for High Risk
Locations/Times
Working Relationship With Law
Enforcement
WPV Incident Reporting
Procedure
 All Incidents of Workplace Violence Must Be
Reported
 Need to Determine who will be notified and
whether law enforcement needs to be involved.
 Initial Reports may be made orally, then
followed up with written report on Workplace
Violence Reporting Form
Barriers to Reporting
“That kind of thing doesn’t happen here.”
“They won’t come after me.”
“I can’t report this he’ll come after me.”
“I don’t want to get anyone into trouble.”
“When something happens people will
know how to react.”
“People just snap!”
Incident Reporting Procedures
To be completed by appropriate
Supervisor
Reviewed with Employees
Investigation completed
Confidentiality stressed
Retaliation stressed
Crisis Counseling Services
 Can usually be arranged via the
Municipality’s Employee Assistance
Program at no additional charge.
 Need to determine when these services
will be activated.
Crisis Counseling Services
Activation Example
 Crisis Counseling will be provided after
there have been workplace violence
incidents involving:
 Serious Physical Harm to 1 or more
employees
 A Hostage Situation involving 1 or more
employees
 An Employee Death
Additional Resources
 NYS DOL Safety and Health Website
http://www.labor.state.ny.us/workerprotection/safety
health/DOSH_INDEX.shtm
 NIOSH
http://www.cdc.gov/niosh/injury/traumaviolence.html
 FBI
http://www.fbi.gov/publications/violence.pdf
IN SUMMARY
 Risk Evaluation
 WPVPP (> 20 employees, must be
written)
– List of Risk Factors
– Control Methods
 Information and Training
– Initial Assignment
– Annually Thereafter
QUESTIONS