Workplace Violence Prevention & The NYS

WPV Act

J. Brett Carruthers, CSP

Manager, Risk Services

New York Municipal Insurance Reciprocal

bcarruthers@wrightinsurance.com

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:

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?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 StrangersViolence by Customers or ClientsViolence by Co-WorkersViolence 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 ExpensesProperty Damage, Public RelationsIncreased Security

NYS Department of LaborNYS Department of Labor

Number of Violent Acts to Number of Violent Acts to Government Workers in New Government Workers in New

York StateYork State

3240 3240 3600 3600

Assaults & Violent Assaults & Violent Acts for NYS Acts for NYS

Local Local GovernmentsGovernments

190019001290 1290

Assaults & Violent Assaults & Violent Acts for NYS Acts for NYS

Employees Employees

2004200420032003

Risk Factors for Risk Factors for Violent BehaviorViolent 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

Employer-initiated 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 DoorsAdopt Procedures for off-site workEvaluate Staffing Needs for High Risk

Locations/TimesWorking 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 ReportingBarriers 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 Websitehttp://www.labor.state.ny.us/workerprotection/safetyhealth/DOSH_INDEX.shtm

NIOSHhttp://www.cdc.gov/niosh/injury/traumaviolence.html

FBIhttp://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