Workplace Violence Prevention Learning Objectives• Understand what workplace violence is• Learn about Workplace Violence Prevention (WVP) law and regulations• Be aware of the agency’s risk factors and prevention efforts• Identify agency’s written WVP program• Know how to report incidents of workplace violence
Workplace Violence Prevention AgendaThis program will:• Review the law and regulations and how they apply to workplace violence prevention• Help participants understand the important elements of the agency’s workplace violence prevention program• Help Participants become familiar with agency-specific documents, such as the workplace violence prevention agency policy and the workplace violence prevention program
Workplace Violence Prevention Law and Regulations
Workplace Violence Prevention Law and Regulations• NYS Labor Law Section 27-b called the Workplace Violence Prevention Act for Public Employees was enacted in 2006• In 2009 NYS Department of Labor (DOL) implemented regulations called the Public Employee Workplace Violence Prevention Program• Law and regulations are enforced by NYS DOL
Workplace Violence DefinitionAny physical assault or act of aggressive behaviorwhere public employee performs any work-relatedduty in the course of his or her employment including,but not limited to: 1. Attempt or threat (verbal or physical) to cause physical injury on employee 2. Intentional display of force giving employee reason to fear or expect bodily harm
Workplace Violence Definition3. Intentional or wrongful physical contact with a person, without person’s consent, that entails some injury4. Stalking an employee with the intent of causing fear of material harm to physical safety and health or employee – such stalking has arisen through and in the course of employment
Workplace DefinedThe law defines a workplace as any permanent ortemporary location where an employee performs anywork-related duty in the course of employment.It specifically excludes an employee’s home even if thehome is the primary workplace.Examples of agency-specific locations include:• Metro Center• Fallbrook• Conference for work
Categories of ViolenceType 1:Violent acts by criminals, who have no otherconnection with the workplace, but enter to commita robbery or another crime.Type 2:Violence directed at employees by customers,clients, patients, students, inmates, or any others forwhom an organization provides services.
Categories of ViolenceType 3:Violence against coworkers, supervisors ormanagers by a current or former employee.Type 4:Violence committed in the workplace by someonewho has a personal relationship with the employee,such as a boyfriend, girlfriend, spouse, or domesticpartner.
Impact on YouTake some time to think about a violent orpotentially violent incident in the workplace thatyou witnessed, experienced, or happened tosomeone you know.How has this impacted you?
Why do we care about verbal andphysical violence in the workplace?• Employees and customers have a right to a safe and secure workplace• Workplace violence can impact employees’ physical and mental well-being• Workplace violence interferes with the mission of the agency
Workplace Violence Prevention ProgramThe Labor Law and regulations place responsibilityon the public employer to work with employeerepresentatives and create a workplace violenceprevention program for the agency.
Workplace Violence Prevention Program - DefinitionA workplace violence prevention program is definedas an employer program designed to prevent, reduce,and respond to any workplace violence, thedevelopment and implementation of which is requiredby Labor Law Section 27-b and the Regulations at12 NYCRR Section 800.6.
Workplace Violence Prevention ProgramSUNY Oswego’s workplace violence prevention program includes:1. Management commitment and employee participation2. Workplace violence prevention policy3. Risk evaluation and determination4. Methods to prevent workplace violence5. Incident reporting system6. Employee training program7. Annual review
Workplace Violence Prevention Program1. MANAGEMENT COMMITMENT AND EMPLOYEE PARTICIPATION Our agency formed a team comprised of labor and management participants: Fred Matteson Eric Foertch Mary DePentu Mike Flack Christina Briglin Andy Salvagni Joe Scanlon Mark Sierson Mary Hoben Becky Kempney Marta Santiago Joyce Jaskula Tim Gainey Our team : reviewed incident data, evaluated the work environment, suggested preventive measures, and reviewed the training material.
Workplace Violence Prevention Program2. AGENCY POLICY STATEMENT• This policy statement contains: purpose of the program definition of violent behavior employees and student obligations to report incidents of workplace violence college obligation to implement and enforce the policy
Workplace Violence Prevention Program2. AGENCY POLICY STATEMENT Copies of the agency policy statement can be found: • http://www.oswego.edu/administration/human_re sources/info.html, or • At these locations: Human Resource Office Judicial Affairs Office University Police
Workplace Violence Prevention Program3. RISK EVALUATION AND DETERMINATION • The law and regulations require a risk evaluation to determine the factors that potentially place employees at risk • Evaluation of risk factors has at least these three components: Review of workplace violence records Assess work policies that impact workplace violence risk Evaluation of physical environment
Workplace Violence Prevention Program3. RISK EVALUATION AND DETERMINATIONThe following risk factors were identified by ouragency when this risk evaluation and determinationwas conducted:• Offices that deal with money• Offices that deal with irate students or customers• Allowing people to enter building without accesscard
Workplace Violence Prevention Program3. RISK EVALUATION AND DETERMINATION (CONTINUED) •Unlocked access to unused classrooms and storage areas •Employees who work early or late schedules and/or weekend hours •Cluttered, unorganized and unsafe storage areas •24 hour study rooms
Workplace Violence Prevention Program4. METHODS TO PREVENT WORKPLACE VIOLENCEBased on the risk evaluation results, our agencycreated specific prevention plans to address theunique problems confronting our workplace. Theseplans are part of this agency’s workplace violenceprevention program.
What Can I Do?Using your experiences and based on what youhave learned so far, consider the following:• Could anything have been done differently?• What can I do to make my environment more safe?
Workplace Violence Prevention Program4. METHODS TO PREVENT WORKPLACE VIOLENCE• If an incident of workplace violence occurs in your presence: FIRST, remove yourself and others from danger or harm If can’t escape the building, lock and barricade yourself in a safe location as far away from the violent acts SECOND, call University Police for help 312-5555 or 911
Workplace Violence Prevention Program4. METHODS TO PREVENT WORKPLACE VIOLENCEMeasures employees can take to protect themselvesfrom the identified risks and procedures implementedby this agency to protect employees:• Create a “buddy system” when working late hoursor unusual shifts, or when going to parking lots late atnight• Alert University Policy if working in building duringnon-working hours
Workplace Violence Prevention Program• Report any unsafe conditions or areas to your supervisor or to the Health and Safety Office at 312- 3157• Locate and review the “Green” Emergency Preparedness Procedures booklet distributed to each department by University Police
Workplace Violence Prevention Program5. REPORTING WORKPLACE VIOLENCE• Report all violence complaints to the Director of Human Resources, 312-3702 or Judicial Affairs if the complaint involves a student, 312- 3378• The law requires a Workplace Violence Incident Report be filed
Workplace Violence Prevention Program5. REPORTING WORKPLACE VIOLENCEUnder the law, written notice to a supervisorshall be provided by an employee or authorizedemployee representative who believes that:• A serious violation of the employer’s workplace violence prevention program existsor• That a workplace violence imminent danger exists
Workplace Violence Prevention Program5. REPORTING WORKPLACE VIOLENCEHowever, written notice to a supervisor is notrequired under the law where:• Workplace violence imminent danger exists to the safety of a specific employee or the general health of a patientand• The employee reasonably believes in good faith that reporting to a supervisor would not result in corrective action
Workplace Violence Prevention Program5. REPORTING WORKPLACE VIOLENCEA supervisor is defined by the law and regulations as:• Any person in an employer’s organization who has the authority to direct and control the work performance of an employee,or• Any person who has the authority to take corrective action regarding the violation of a law, rule, or regulation
Workplace Violence Prevention Program5. REPORTING WORKPLACE VIOLENCEAfter referral to the employee’s supervisor and after areasonable time to correct the matter, if it has notbeen resolved and the serious violation or imminentdanger still exists, the employee may request aninspection by the Department of Labor (DOL)Commissioner by notification to the Commissioner inwriting.
Workplace Violence Prevention Program5. REPORTING WORKPLACE VIOLENCE• The notice to the Commissioner must describe in detail the reason for the notice and must be signed by the employee or employee’s representative (i.e., union representative).• If you are the person filing the notice, you can request anonymity; your name will be withheld.• The employer cannot retaliate against any employee who exercises rights under this law.
Workplace Violence Prevention Program6. WORKPLACE VIOLENCE TRAINING The law and regulations require: • Training about the employer’s Workplace Violence Prevention Program • Annual training on workplace violence • Additional training whenever there are significant changes to the agency’s program
Workplace Violence Prevention Program7. ANNUAL REVIEWThe agency conducts an annual review of the WVPincident reports and other relevant data to:• Identify possible patterns of workplace violence• Review effectiveness of corrective measures• Update the agency’s WVP program if necessary
Risk and ResponsibilityBased on what you have learned about the law andour agency’s workplace violence preventionprogram reflect on the following questions.• What are the major workplace violence risk factors faced by our agency?• What responsibility do you as an agency employee have with regard to workplace violence prevention?
Workplace Violence Prevention Resources• NYS DOL Safety and Health Website www.labor.state.ny.us/workerprotection/safetyhealth/DOSH_INDEX.shtm• PEF Health and Safety Website www.pef.org/healthandsafety/index.htm• CSEA Occupational Safety and Health Website www.csealocal1000.org/osh.php• OSHA www.osha.gov/SLTC/workplaceviolence/index.html• NIOSH www.cdc.gov/niosh/topics/violence• FBI www.fbi.gov/publications/violence.pdf
Workplace Violence PreventionIf you have any questions, please call: Human Resources at 312-3625 or STUDENT JUDICIAL AFFAIRS AT 312-3378 OR UNIVERSITY POLICE AT 312-5555