12 NYCRR PART PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS

Definitions Authorized Employee Representative – an employee authorized by the employees or the designated rep from an employee organization Authorized Employee Representative – an employee authorized by the employees or the designated rep from an employee organization Commissioner Commissioner Employee Employee 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 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 Continued Retaliatory Action Retaliatory Action Risk evaluation and determination Risk evaluation and determination Supervisor Supervisor Workplace Workplace Workplace Violence – Any physical assault, threatening behavior, verbal abuse occurring where a public employee performs any work related duty in the course of their employment Workplace Violence – Any physical assault, threatening behavior, verbal abuse occurring where a public employee performs any work related duty in the course of their employment

Workplace Violence Incident An attempt or threat whether verbal or physical to inflict Injury upon another person An attempt or threat whether verbal or physical to inflict Injury upon another person Any intentional display of force which would give a person reason to fear or expect bodily harm. Any intentional display of force which would give a person reason to fear or expect bodily harm. Intentional and wrongful physical contact with a person without his or her consent that entails some injury or offensive touching. Intentional and wrongful physical contact with a person without his or her consent that entails some injury or offensive touching.

Workplace Violence Incident, Continued Harassment of a nature that would give a person reason to fear escalation or make it difficult to pursue a normal work life or private life when the harassment arises out of or in the course of employment. Harassment of a nature that would give a person reason to fear escalation or make it difficult to pursue a normal work life or private life when the harassment arises out of or in the course of employment. Stalking a person with the intent of causing fear when such stalking has arisen through or in the course of employment. Stalking a person with the intent of causing fear when such stalking has arisen through or in the course of employment. An incident may be committed without one person actually touching, or striking or doing bodily harm to another person. An incident may be committed without one person actually touching, or striking or doing bodily harm to another person.

Management Commitment Written policy statement on the employers Workplace Violence Prevention Program Written policy statement on the employers Workplace Violence Prevention Program States goals and objectives and provides for full employee participation States goals and objectives and provides for full employee participation Statement shall be posted where employee notices are normally posted Statement shall be posted where employee notices are normally posted Brief description of WPV policy and alert and notification procedures to follow. Brief description of WPV policy and alert and notification procedures to follow. Responsibility Responsibility

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“Employees don’t care about what you know about them, they care about how much you care about them” Harvey Mackay

Risk Determination and Examination Employer and Authorized Employee Reps. shall perform the risk evaluation Employer and Authorized Employee Reps. shall perform the risk evaluation Purpose is to determine the presence of risk factors (situations or hazards) to employees Purpose is to determine the presence of risk factors (situations or hazards) to employees

Elements of a Risk Evaluation List risk factors or hazards List risk factors or hazards Determine which employees are at risk Determine which employees are at risk Evaluate risk and determine work controls Evaluate risk and determine work controls Document findings Document findings

Step 1 - Preparation Examine the history of past incidents to identify patterns or trends which occurred in your workplace Examine the history of past incidents to identify patterns or trends which occurred in your workplace Review your occupational injury and illness logs (SH 900) and incident reports (SH 900.2) to identify injuries that my have resulted from workplace violence incidents Review your occupational injury and illness logs (SH 900) and incident reports (SH 900.2) to identify injuries that my have resulted from workplace violence incidents Choose your Risk Assessment Team Choose your Risk Assessment Team Union Representation or Employee Involvement Union Representation or Employee Involvement

Step 2 - How to find Risk Factors Conduct a physical workplace security building survey Conduct a physical workplace security building survey Survey employees regarding details associated with the occurrence of workplace violence incidents Survey employees regarding details associated with the occurrence of workplace violence incidents Divide the building or workplace up into geographical zones, this would help ensure all areas are addressed within a large facility Divide the building or workplace up into geographical zones, this would help ensure all areas are addressed within a large facility

Step 3 - Evaluate the risk and determine how to address it Assess how employee safety is currently being addressed for each risk factor and the effectiveness of each method involved Assess how employee safety is currently being addressed for each risk factor and the effectiveness of each method involved Research what is the current practice in the industry today Research what is the current practice in the industry today Consider what engineering controls, acceptable work practices or administrative controls would benefit the current situation Consider what engineering controls, acceptable work practices or administrative controls would benefit the current situation Ask the employees who are exposed what would help make their situation safer Ask the employees who are exposed what would help make their situation safer

Facts about Risk Factors The Law requires employers to eliminate or control all risk factors (as reasonably practicable) found within each of their places of employment The Law requires employers to eliminate or control all risk factors (as reasonably practicable) found within each of their places of employment The employer can choose any reasonable method to make the workplace safer for their employees The employer can choose any reasonable method to make the workplace safer for their employees Methods of abatement should be monitored for effectiveness Methods of abatement should be monitored for effectiveness

Step 4 - Document Findings By taking detailed notes during this 4 step process the Risk Evaluation group will experience greater success in tracking the benefits of the instituted work controls By taking detailed notes during this 4 step process the Risk Evaluation group will experience greater success in tracking the benefits of the instituted work controls If the employer has 20 or more employees then the list of Risk Factors need to be part of the written Workplace Violence Prevention Program If the employer has 20 or more employees then the list of Risk Factors need to be part of the written Workplace Violence Prevention Program

Effective Dates WPV Policy Statement due 30 days after the effective date of the Regulation WPV Policy Statement due 30 days after the effective date of the Regulation Workplace Examination due 60 days after the effective date of the Regulation Workplace Examination due 60 days after the effective date of the Regulation WPV program due 75 days after the effective date of the Regulation WPV program due 75 days after the effective date of the Regulation Compliance with the all requirements of the Regulation due 120 days after the effective date of the Regulation Compliance with the all requirements of the Regulation due 120 days after the effective date of the Regulation

Jim Reeves