Public Employer Public Employer Workplace Workplace Violence Violence

Prevention Prevention ProgramProgram12 NYCRR Part 800.612 NYCRR Part 800.6

Purpose and IntentPurpose and Intent

Ensure the risk of WPV is evaluated Ensure the risk of WPV is evaluated by affected public employers and by affected public employers and their employeestheir employees

Design and implement protective Design and implement protective programs to minimize the hazard of programs to minimize the hazard of WPV to employeesWPV to employees

DefinitionsDefinitions

Authorized Employee Representative:Authorized Employee Representative: an an employee authorized by the employees or the employee authorized by the employees or the designated rep from an employee organization designated rep from an employee organization

Commissioner:Commissioner: The Commissioner of Labor The Commissioner of Labor Employee:Employee: A public employee working for an A public employee working for an

employeremployer Participation of the Authorized Employee Participation of the Authorized Employee

RepresentativeRepresentative – The AER is given an – The AER is given an opportunity to contribute information, assist with opportunity to contribute information, assist with analyzing statistics and conducting the WPV Risk analyzing statistics and conducting the WPV Risk evaluation and determination and participate in evaluation and determination and participate in incident reviewsincident reviews

DefinitionsDefinitions

Employer:Employer: The State, any political The State, any political subdivision of the state, public subdivision of the state, public authorities, public benefit corporations authorities, public benefit corporations and any other governmental agency or and any other governmental agency or instrumentality thereof. (Does not instrumentality thereof. (Does not cover public schools)cover public schools)

Imminent Danger:Imminent Danger: Condition or Condition or practices which could be expected to practices which could be expected to cause death or serious physical harmcause death or serious physical harm

Definitions ContinuedDefinitions Continued

Retaliatory Action:Retaliatory Action: Adverse action taken against Adverse action taken against an employee due to exercising a right accorded by an employee due to exercising a right accorded by law.law.

Risk evaluation and determination:Risk evaluation and determination: An An employers examination of the workplace to employers examination of the workplace to determine if existing or potential hazards exist determine if existing or potential hazards exist which might place employees at risk of workplace which might place employees at risk of workplace violence.violence.

Serious Physical Harm:Serious Physical Harm: physical injury which physical injury which creates a substantial risk of death, or which creates a substantial risk of death, or which causes death or serious and protracted causes death or serious and protracted disfigurement, protracted impairment of health or disfigurement, protracted impairment of health or protracted loss or impairment of the function of protracted loss or impairment of the function of any bodily organ or a sexual offense as defined in any bodily organ or a sexual offense as defined in Article 130 of the Penal Law. Article 130 of the Penal Law.

DefinitionsDefinitions

Serious Violation:Serious Violation: A serious violation A serious violation shall be deemed to exist if there is a shall be deemed to exist if there is a substantial probability that death or substantial probability that death or serious physical harm could result from serious physical harm could result from a condition that exists or from one or a condition that exists or from one or more practices, means, methods or more practices, means, methods or process in use in the work place. process in use in the work place. Failure to develop and implement a Failure to develop and implement a program would also be considered a program would also be considered a serious violation.serious violation.

DefinitionsDefinitions

Supervisor:Supervisor: Any person in the Any person in the employers organization who has the employers organization who has the authority to direct and control the authority to direct and control the work performance of an employee, work performance of an employee, or has the authority to take or has the authority to take corrective action regarding the corrective action regarding the violation of a law, rule or regulation violation of a law, rule or regulation to which an employee submits to which an employee submits written notice.written notice.

DefinitionsDefinitions

Workplace:Workplace: Any location away from Any location away from an employees domicile, permanent an employees domicile, permanent or temporary, where an employee or temporary, where an employee performs any work related duty in performs any work related duty in the course of his or her employment the course of his or her employment by an employerby an employer

DefinitionsDefinitions

Workplace Violence:Workplace Violence: Any physical Any physical assault or acts of aggressive assault or acts of aggressive behavior occurring where a public behavior occurring where a public employee performs any work related employee performs any work related duty in the course of his or her duty in the course of his or her employment.employment.

Workplace Violence Workplace Violence IncidentIncident

An attempt or threat whether verbal An attempt or threat whether verbal or physical to inflict injury upon an or physical to inflict injury upon an employee. employee.

Any intentional display of force Any intentional display of force which would give an employee which would give an employee reason to fear or expect bodily harm.reason to fear or expect bodily harm.

Intentional and wrongful physical Intentional and wrongful physical contact with a person without his or contact with a person without his or her consent that entails some injury.her consent that entails some injury.

Workplace Violence Workplace Violence Incident, Incident, ContinuedContinued

Stalking a person with the intent of Stalking a person with the intent of causing fear when such stalking has causing fear when such stalking has arisen through or in the course of arisen through or in the course of employment.employment.

Management Management CommitmentCommitment

Written policy statement on the employers Written policy statement on the employers Workplace Violence Prevention ProgramWorkplace Violence Prevention Program

States goals and objectives and provides for States goals and objectives and provides for full employee participation through an full employee participation through an authorized employee representative. authorized employee representative.

Statement shall be posted where employee Statement shall be posted where employee notices are normally postednotices are normally posted

Brief description of WPV policy and alert and Brief description of WPV policy and alert and notification procedures in the event of a WPV notification procedures in the event of a WPV Incident.Incident.

Responsibility to implement remains with the Responsibility to implement remains with the employer.employer.

Risk Determination and Risk Determination and ExaminationExamination

Employer and Authorized Employee Employer and Authorized Employee Reps. shall perform the risk Reps. shall perform the risk evaluation evaluation

Purpose is to determine the Purpose is to determine the presence of risk factors (situations presence of risk factors (situations or hazards) to employeesor hazards) to employees

Examples of Risk FactorsExamples of Risk Factors

Working in public settingsWorking in public settings Working late night or early morning Working late night or early morning

hourshours Exchanging money with the publicExchanging money with the public Working alone or in small numbersWorking alone or in small numbers Uncontrolled access to the workplaceUncontrolled access to the workplace Areas of previous security problemsAreas of previous security problems

Written Workplace Written Workplace Violence Prevention Violence Prevention

ProgramProgram Employers with the participation of Employers with the participation of

the Authorized Employee the Authorized Employee Representative, shall develop a Representative, shall develop a written WPV programwritten WPV program

Exception – less than 20 full time Exception – less than 20 full time employeesemployees

Elements of the WPVP Elements of the WPVP ProgramProgram

List of Risk FactorsList of Risk Factors Methods used to prevent violent incidentsMethods used to prevent violent incidents A hierarchy of controlsA hierarchy of controls Address each specific hazardAddress each specific hazard Crisis CounselingCrisis Counseling Reporting SystemReporting System Include outline or lesson plan of employee Include outline or lesson plan of employee

training programtraining program Annual review of the WPVP ProgramAnnual review of the WPVP Program

Employee Information and Employee Information and TrainingTraining

Upon completion of the written WPVP Upon completion of the written WPVP plan, information and training shall be plan, information and training shall be provided to all employees on the risk of provided to all employees on the risk of WPV in their workplace:WPV in their workplace: At initial assignmentAt initial assignment At least annually there afterAt least annually there after

Retraining shall be provided whenever Retraining shall be provided whenever significant changes are made to the WPVP significant changes are made to the WPVP program or within the workplace program or within the workplace examination or determinationexamination or determination

Elements of the WPV Elements of the WPV Training ProgramTraining Program

Requirements of the regulationRequirements of the regulation Risk factors foundRisk factors found How employees can protect themselvesHow employees can protect themselves Review of the work controls, procedures, Review of the work controls, procedures,

devices or practices employees are to use devices or practices employees are to use to protect themselvesto protect themselves

Where the written plan is kept and how to Where the written plan is kept and how to obtain a copy (exception: 20 or less obtain a copy (exception: 20 or less employees)employees)

Procedures for obtaining Crisis Procedures for obtaining Crisis CounselingCounseling

Recordkeeping and Recordkeeping and RecordingRecording

Develop protocols on how to report a Develop protocols on how to report a WPV incident, including how to WPV incident, including how to report an incident that may be report an incident that may be criminal to law enforcement.criminal to law enforcement.

Employees right to pursue a criminal Employees right to pursue a criminal complaint.complaint.

Liaison with Law Liaison with Law Enforcement or District Enforcement or District

Attorney OfficeAttorney Office

Employers at sites that routinely Employers at sites that routinely experience WPV incidents which may experience WPV incidents which may involve criminal conduct or serious injury involve criminal conduct or serious injury shouldshould attempt to develop a protocol with attempt to develop a protocol with DA’s or PD office to aid in proper DA’s or PD office to aid in proper investigation and prosecutioninvestigation and prosecution

Employer should assist employees who Employer should assist employees who wish to file a criminal complaint after a wish to file a criminal complaint after a WPV incident.WPV incident.

Reports and Reports and RecordkeepingRecordkeeping

Information that is required on Incident Information that is required on Incident ReportReport

Workplace LocationWorkplace Location Time of Day/ShiftTime of Day/Shift Incident Description including what happened just Incident Description including what happened just

prior to the incident and how the incident ended.prior to the incident and how the incident ended. Names and job titles of employees involvedNames and job titles of employees involved Name or other identifier of other individuals involvedName or other identifier of other individuals involved Nature and extent of injuries arising from the Nature and extent of injuries arising from the

incidentincident Names of witnessesNames of witnesses

Reports and Recordkeeping Reports and Recordkeeping ContinuedContinued

An explanation of the actions the An explanation of the actions the employer has or is in the process of employer has or is in the process of taking to mitigate future incidents with taking to mitigate future incidents with a time table for correction where a time table for correction where appropriate. Interim protective appropriate. Interim protective measures shall also be listed. The measures shall also be listed. The employer shall address global (all employer shall address global (all similar worksites) enhancements which similar worksites) enhancements which become apparent and are necessary to become apparent and are necessary to protect all employees.protect all employees.

Reports and Recordkeeping Reports and Recordkeeping ContinuedContinued

WPV reports must be maintained for use in WPV reports must be maintained for use in program reviews and updatesprogram reviews and updates

This requirement does not relieve the This requirement does not relieve the employer of the recordkeeping employer of the recordkeeping requirements of 12NYCRR Part 801requirements of 12NYCRR Part 801

Annual Review, at least annually, with the Annual Review, at least annually, with the participation of the AER, review the WPV participation of the AER, review the WPV incident reports to identify trends and incident reports to identify trends and patterns and judge the effectiveness of patterns and judge the effectiveness of controls and procedures currently in placecontrols and procedures currently in place

Employee Access to Employee Access to InformationInformation

Access to the written program by Access to the written program by employees, AER and the employees, AER and the Commissioner for reference in the Commissioner for reference in the work area and during the regularly work area and during the regularly scheduled shiftscheduled shift

Employee Reporting of Employee Reporting of Concerns or IncidentsConcerns or Incidents

Employee concerns must be Employee concerns must be addressed to the supervisor in addressed to the supervisor in writing and a reasonable opportunity writing and a reasonable opportunity given to the employer to address given to the employer to address such concernssuch concerns

Imminent danger situations may be Imminent danger situations may be exempt when the employee believes exempt when the employee believes in good faith that a written report in good faith that a written report would not result in corrective actionwould not result in corrective action

Employee Reporting of Employee Reporting of Concerns or Incidents Concerns or Incidents

ContinuedContinued If the employer is unable to correct If the employer is unable to correct

the employee concern or hazard the employee concern or hazard (after a reasonable opportunity) and (after a reasonable opportunity) and the employee still feels an imminent the employee still feels an imminent danger or a dangerous situation still danger or a dangerous situation still exist, a PESH complaint may be exist, a PESH complaint may be initiatedinitiated

DiscriminationDiscrimination

DOL InspectionDOL Inspection

Not limited to the topics within the Not limited to the topics within the complaintcomplaint

Allows for employer and employee Allows for employer and employee representatives to participaterepresentatives to participate

Minimum burden to the employerMinimum burden to the employer Imminent Danger allegations have a Imminent Danger allegations have a

high priority.high priority. Will be conducted in accordance with Will be conducted in accordance with

Part 802Part 802

Effective DatesEffective Dates WPV Policy Statement due 30 days after the WPV Policy Statement due 30 days after the

effective date of the Regulation (May 29, effective date of the Regulation (May 29, 2009)2009)

Workplace Examination due 60 days after Workplace Examination due 60 days after the effective date of the Regulation (June 29, the effective date of the Regulation (June 29, 2009)2009)

WPV program due 75 days after the effective WPV program due 75 days after the effective date of the Regulation (July 14, 2009)date of the Regulation (July 14, 2009)

Compliance with the all requirements of the Compliance with the all requirements of the Regulation due 120 days after the effective Regulation due 120 days after the effective date of the Regulation (August 27, 2009)date of the Regulation (August 27, 2009)