HomeMy WebLinkAboutLL #1 of 2007- Workplace Violence Protection NEW r UK&s I A I-L DEFARTMEiv i Ur b t ATE
Local Lu W Filing 41 STrxTn s t nets.r
ALBANY, vi r I zts I
(Use in i.corm to file a locai low—.ith the Secretary o, state.)
TeXL of law should oe 15wen as mnended,vo not:a.clude matter being eliminatrz and do not use italics o,
underlining to inc:uate new matter.
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Local Law No. _1 of the year zUO 7
A local law WORKPLACr, viOLENCE PROTEC--1,i0iv
p+.err 77dq
LOCAL LAW
Be it enacted by the i•Owiv BOARD or the
rName o!ceg,r—r..Body)
County
City of Lti1v S ING
Town as follows:
Village
I OWN OF LANSINV, TOMPKINS uUuN I Y, NEW YORK
LOCAL CAW NUMBER 1 CPF AW-1 .
WORRPCAt;t VIOLENCE PRu I ECTION LOCAL CAW
SECTIGUM 1: TITLE & APPCICA 11ON - This [Mal Caw zhall be known a5 -Local
Caw Number -i or Zuut°•. local Law NamGer 1 of 200r MemBy repeals any prior [zical
law o1 Resolution inat is inconsistent Merawith. [Dual Law laum6er 1 at 2007 appliea
rt Lansing, I ompkins County, new York; that are
only w:tFiin those Nags or tPie I own
outside or Me incorporated village cr Lansing.
SEC I ION 2: CLUISLATIVE FIIq[31lq;S - The low„ Maid of the Town at
[anaing tlnds and deciares that Workplace violence is a serious pal5lic Health problem
that almands attention. Dari,ly the last decant, Homicide was ift t� M lEaaing cause
of death ro, all workers, ana the leading cause of �ccapational AM
rz;r wcmen
Workers. Workplace violence prEaents a serious uccapational safety Mazara tau
workers, but many employers and workers may be unaware of the risk. Moreover, the
(If additional space i� needed,attach pages the same.ize as this sheet,and number...ch.)
DOS-239;R■-.I IM) Page I of 3
Hazards of Workplace violence are not curre,,tly aaaressed by any apecitic tederal or
state laws. Thus, it is writ;cal to the maintenance uT a p,odactive workTeMe that the
I own evaluate its Workplacea to aetennine the risR tit violence; and to develop and
implement programs to minimise the hazard. Experience has shown that wMai
employers evaluar the safety and aealtM Maeards in their worltplaue$ and implement
employee protection programs, the inciaenca uT wurRcplace injuries is ri-=daced. The
1 uw,i, therefore, ana Turther. Tinas and declared that public health, saTety and weltare
would Be advanced by enactment of a local law r reyvidng the development and
implementation u-t workplace viule,,co- protedtiun program.
SECTIOiv 3: DEFINITIONS - For tMe purposes of this Eocal Caw:
A. 'Ruimari,-ea Employee Representative" Shall mean any rTVpresentative
recognized pursuant to is collective barga;nine agreement, or any representative
permitted to paRicipate i„ Employee affairs under law, including„ but not limited
to, the New York Siam Givil Service Laws and Eabur Caws. References to tFie
paR;cipation ut any Autnodr-aa Employee Representative means that sued
Authorized Employee representat;ve shall 6e given an oppoRunity to contribute
information, aaaiat with analyzing statiatics, assist with conducting vvowplace risk
evaluations, ana to assist with any determinations a6cat, and paRicipate in.
i,rciaent reviews.
S. "C;ommissioner'` mean$ the New York State C:umm;ssioner of Labor.
U. "Employee" or ''Employees" means any person(a) employed 6y the i own,
including all pa6lic officials, appointed officials, depaRm-nt managers; elected
officials, ana Tall time, part time, intermediate and seasonal empluyeaa.
D. "OSHA" means the federal Vccapational Safety and Realth
Aaministration.
E• 'Retaliatory Action' moans the discharge oT, suape„aian at; demotion OT,
penalizat;tin at, or discrimination against any Employee, or otFie, adverse
employment action taRen against an Employee in the terms ana conditions of
employment.
r-. "Supervisor' means any person within ft i uv„n's organization wMo has
trfe authority to direct and control the worR pew„„ante of any otrler
Employeeta)_ or who has trio authority to take corrective action regarding
notices) about the v;olation of any lave, rule_ or regulation.
G. "Threat Asseaament Team" means a committee appointed by file i aw„
Supervisor; that consists oT at least three members, u„e tit which shall be a i own
i3oard Member, and anoiFler uT which shall be a person familiar with law or law
enforcement, wh;ch committee arlall Be primarily responsible tar developing,
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maintaining; reviewing, improving and updating the Town%, wu,Replace Violence
Prevent;on P,ogra,n.
Fl. "Town" mGan5 tfie I uwn of Lansing, located i„ the County or i ompKins
and State of New YorK.
1. "+oven Board" means the f ovvn hoard of the Town or Canaing_ located in
the County or i ampRir,s and State or Mo. Yorl?.
I 'Tow„ Supervisor means the Supervisor uT tRe I own of Lansing, located
in tMuo County of Tompkins and State of Now York.
K. "vvorRpiaue°' or "Workplaces means any location away tram an
employee's domicile, vvnethe, permanent or temporary, where an Empioyaa
peiffui,ns any worR-related duty in the course or M6 or her employment By irle
i own.
L. `vvorRplace Violence" means any physical assault, threatening Behavior.
and/or verbal Ouse accu,ring where an Employee perfforms any worn related
duties duty in tFle Cease of his o, her employment. Workplace Violence may
occur wkhout one person actually touching, striRing, or doing Bodily harm to
anotflar person, and includes, But is not limited to; the following:
1. A,, attempt or threat, wHetlSar verbal or physical, to inflict any ;r jaf yy
upon anotlSer person; or
Z. Any intentional d;aplay of twee which would give a person reason
TO Tear or expect bodily harm; or
3. Intentional and wrongful physical contact with a person witflout nia
or he, consent that entails some injury or orrena;va tuacning; or
4. Flarassrrtent arising out ut i-jr i„ the coarse of employment that fs of
a nature iMat would (i) give a person reason to tear escalation, or (ii) maR=
it difficult to pumas a normal work life or private lira; or
5. Stalking a person vvith the intent of causing Tcar or annoyance
wFlan such stalking has arisen tFirugh or in the course or amployment; u,
6. Any act or aftual ha,assmem; or
r. Any assault or llarasment (as defined under trio IQevv York Penal
Law); or
S. Any acts Or verbal abase- or
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J. Any anreasanably aggreaa;ve BsHavior(s).
M. "Workplace violence Policy Statement: moans a summary of Cle
WuTkplidue Violence Preventiun Program that focuses upon the i own'S (i)
pullciea a„d goals relating to vvorKplace violence, and (ii) proviaes notincat;on as
to toe alwR and riatffication proce'aurua Tor tmployees to follow to repuff an
incident.
N. "Workplace Violen v Prev@,,tion Program" means a written i own p,ograrn
alaiggned to prevent, minimize anti respond to any Workplace Violence.
SECTIUR 4: RISK EVACUATIOR AIaD DE i tRMINATION — The Town aRall
evaluate its vvorRplacea to determine the presenuu— ut motors vi 51taations in such
Workplaces that migTit place tmployees at risk of vvorRpla..w v;Dle„cc. including, but
nut I;mited to, duties that invol„e: (i) the exuHmige of money; (i;) the delivery of
paaaengers, guods, or Services; (iii) mobile vvorRplaae assignments; (iv) worRing with
unstable ur voolatile persuns in health care, social aervif e. or criminal justice seninga; (iv)
working alone or in small nam5er5: (v) worRing late at night or daring early morning
boars; (vi) working in PliyPi-crime arias: (vii) guarding valuaale p,operty or passe55ions;
(vi;i) wafRing in community-aaaed a, p136l;c tiettings; (ix) uncontrolled accabb to the
vvuncplauE; and (x) areas of previous security pro5lems.
SEUTIUR 5: i RREAT ASSESSIVIER i i EAM - i He i own shall appoint a i Mrsat
Assessment i earn cunslst;ng of at least three memaers, one ut which) bhall be a Town
Baard Member, ana anuthe, at which Shall be a person Tamiliar with law or law
entarcemerrt. The Threat Assessment seam shall perform the evalcatio„ listed ir,
Soctiv„ 4, and shall, consistent wah tMa Eucal Caw, develop, maintain, reviu,v, improve
ana upaatr tFr i own's Workplace violence Prevention Program. The i hreat
Assessment ream Shull examine and assess Me val„era6ility of lawn facilities and
tmployees to WorRplace violence and reach agreement o„ preventive adfians to be
taRe,,. i he Threat Assessment i ea,,, shall also be responsiale Tor: (i) recommending
ana/ou implementirrg Employee training programs on Workplace violence; (ii)
implementing pla„s for responding to acta at war kplace Violence; ana (;i;)
communicating irate,pally with Employees. i Tireat AaavasmGnt -ream membership
bhoald include (1) one or more representatives or the i own w;tFii experience in
management; operations, security, tinar ice, legal, and human reaoarces_ aria (ii)
Emplcyev5 and/or Aathorized Employee Representatives. ResponsiBility Tor aaditi„g
the overall warRplace violence Prevention Program rests primarily with TrIe i hreat
Assessment i earn.
SEC; i ION 6: HAZARD ASStSSMENT - The Threat Asseaarncnt tCam shall
perform a hacard assessment, consist;ng, at a minimum, of the following reviews:
A. Recoraa Review: The Threat Assessrent i earn sFiall review previous
incidents or violence to develup a baseline by (i) identifying pattems that may
indicate the causes ana severity of Wu,kplace Violence inciaemia, (ii) Mentitying
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cllangea neeft5a�y to help prevent vvorRplace violence, and (iii) auvaIupi„g an
appropriate plan to vorrect these hazaras. 1110 r Fireat Assessment Team aMoold
analyze the following, when available, to complete a ,ecvrd review: OSHA zuu
logs; incident reports; records at, or information compiled tar the recording or,
vvufRplace violence incidents and aimilai events; medical records; insurance and
loss Mcc,ds: workers' compensation records; police reports; accidelrt
investigations; tra;ning records; grievances; currmpla;nts about behavior, 6UtR 6y
Employees and mvrnbers of the public; and otMer relevant records or information.
S. Identity Risk: The r ilreat A5se55mej jt Team should ident;fy and analyze
any apparent tr,ids in WorRplace viola,lce incidents relating to paRicular
department,-, snits. Job titles, unit activities, time at day; etc. The r Mn mt
Assessment i ear" 5noald communicate wim utMer municipalities, local
6aaijiesses, trade associat;uns_ and community and civic groups colim-ming their
a-%pe,fences with Workplace vivlenr±e.
C. vvcrKplace Security Analysis: In addition to a ,ecord5 review, Me r Mmat
Assessment r ea„" shall inspect the WorRplace, as well as evalaate the worR
tasks of Employeua, to determine the presence or ha,-arda. conditions,
operations; and situations which might place workers at riaR of vvoUkplace
v;alenr v incidents. The r Tireat Assessment Team shall conduct tallow-ap
inspections at the Workplace and o6serre Ma,-ardoas work tasks on a periodic
basis.
D. Workplace Surveya: A questionnaire or survey should Be d;5tribard to
Employees to identify the potential tur violent incidents and to Mentiry Ur Zurinim
the need for impjoved security mGa3a,es. A sample questionnaire and
inspection cP aMiat is available from tMe r own, and Me Threat Assessment
Team shall improve aacM questionnaire and develop additional questions or
yaEstionriaireS, with input into deaig,l, format, and aissem;nation thereof f,om
Employees and/or Authorized Empluyee Representatives. All Employees shall be
required to complete the ques6onnaire(s).
E. Employee wueationnaiiea: Employee questionnaires shall be reviewed,
apdated acid distributed as needed, or at least once each calendar year. Resalts
SM001a Be analyzed and used to revise and improve the overall contaut and
implementation of the Workplace Violen= Prevention Prog,am.
F. Hazard uonirul and Prevention: The i Meat A5aea$ment Team should
identify and institute a combinatiun of cont,ol methods aeaignea to eliminate or
min;mizE the risks of Workplace violence. I here hiclude, but are not lim;rod to:
(i) general bailding. work station, and area design; and related security
measures; kil) a76-arity ega;pment; (iii) worR practice Contrala and procedures*, (iv)
a Workplace Violence Prevention Policy Statement; (vi) a review of plevioas
vvamplauc incidents; (vii) a review of all logbooks of work related injuries and
illnesses; (viii) an examination or Empluyse surveys and conditions Mat cumla Be
Page ut 16 s
contr7Buting to pu ential incidents; and (i.) aecarity a„d inspection surreys, l he
Town may impleu„ert tFiese control measures alone or in combination to aaarESs
identified hazards. Aa paff of this analysis, tMe i Meat Assessment Team small
curWaar the following:
i. veneral building, worRstatiun and area designs:
a. Review this des;gn of all new ar ,enovated facilities to ensure
safe and secure conditions for Employees; and
B. Ensure that Taw;litiea are designed to ensurE, where
apprupdate or required, tl'ie pr;vacy of citicens arid Employees, and
their cummunications and information; and
C. Ensure Mat Employees can communicar .YitM otFie, staff in
emergency situations, incladi„g, where appropriate, By Ilea,
paRitions_ video cameras, speaftrS_ telephones, panic Bunon5.
alarms, etc., as appropriate; ana
d. Design w-.rRc areas and arrange Tumiture to prevent
entrapment of the Employees and/or minimize patent;al to,
vvomplaca Violence inciaenta; and
e. uontrul auc:rss to Employee wurR areas_ sauh as, where
appropriate, iMmogH the use of locked doors, duj--zera, ca,d access,
etc. artd
T. Provide appropriate ligntiny ayatems to, all indoor building
areas, as vvall aS grounds around the MIRY and pa,Rcing areas.
lighting should meet the regai,ements oT nationally rer ugniced
Standards; such as AlgSI A-85: ANSI/IES RP-r 1983, ARSUIES
RP-1 1993, as well as local Building codes.
z. Security Devices and Systems: Security 3Moula „ot conflict with lire
Safety code requirementa. Eg,ess t,om inside trle Building mast not be
impeded.
a. Security devices ana Teamraz ahould consider utilizing: (i)
electronic alarm Systems activated visually or audiBly, which such
systems should identify the location of the room or location of the
Employee by means oT an alas[, 51313nd and/or a lighted indicator u,
equally effective measure; (ii) LOL-ing closed circuit television wlliCM
permits ift monitoring of high risR ar-aaa, Both inside and outside
the building; tiff) metal detection systems t�. Majitrry persons with
weapons; (iv) cellular telephones, beepers, CO raaiva or Hand-Field
alarms or noise devices in Ti75ld Situations: a„d
Pug.. ut 16 7
b. AL-64nate personnel must 6e availa5le to render prompt
assistance; ana
C. Security equipment and systems should Be u.arni„ed and
maintained on a regular Basia to emare etfect;veness.
3. Work pramiva cuntrolb and procedures:
a. Provide iaentihCatia,j cards for all Employees and j eyuire
tMat they 5e worn; ana
b. EataaBli5h sign-in and sign-ow fauRs; and
C. EstaBlisM an eacorff policy for non-employees; and
a. Base staffing oonaidarations on safety and ascovity,
aaaesaments for both fixed situ a,is Held locations; and
e. Develop inte,nal communication ayatems to respond to
emergencies; and
T. Develop policies on Fiavv to deal with emergency or hostage
Situations: and
U. Develop and implement security procedures far (i)
Employees wTio work late or off hours, (ii) Tiela ataTr, (iii) whe,i to
involve in-house security uT local law enforcement in any Incident;
(iv) Banning weapons in Tacilitiea anla5s authorized, and (v) no. the
Town vviil respond to Workplace violence incidents: and
H. Develop writte„ procedures for Employees to tallow far any
locations where they Teel threate,ied or unsare; an'a
i. tirovide information ana give assistance to Employees wRa
are victlma at Wo,Rplace Violence or damestic violence, and
develop proceaures to encore confidentiality and 5atety for such
attected Employeea; and
j. i rain employees on avvarenC5s, avoidance, ana actiona to
take to Evade ar prevent incidents oT vvurRplace violence, mugging,
robbery, rapaa and other assaults; and
K. Modify existing vvurR practiceb and procedures Mat GRpu58
Employees to an increased naR u—T wog Rplace Violence.
Page of 1 o 8
SECTION r: wURKPLACE VIU[EIgCE PREVENTION PRUGrMMI - The
vvofRplace Violence Prevention Program ana ft worRplace Violence Policy Statement
SFloala Be easily accessift to all Employees. uop;ea Should Be made avallaft to
FuRplvyee5 Upon request. ilia lawn. through the r reheat Hasessment Team, sriall
develop, approve, and implement a Britian warRplaute Violence Prevention Program Tor
its Workplacea triiat includes, at a minimum, Me tv,lluwing:
A. A lint at tMa riak factors ana Ma4arda prla5ent in the Workplace;
B. Pm ia-Onti icatiun of the methods the f uvvn will use io Melp prevent
incidents of Workplace violence, including, But not lij[jird to: (i) making Bigrl-r;aR
areas mow visible to more people; (i;) insialling good external lighting: (iii) using
arop sates or other meirloaa to minim;4e cash on hana; (i,,) pasting 5;gns stating
Mat limited cash is on hand; (v) proviaing twining in conflict resulutiun and non-
violent sell-detan5e responses; ana NO eata6li5hing dnd implementing repart;ng
systems for inciaenta OUT aggressive behavior and werRplaue violence.
L. The inclusion oT apacfc provisions for eacFI UT the fallowing, all of which
3Mall Be and remain (i) relevant to the ongoing aevelopment, review, and
impruvoment at the Workplace violence Prevention Plan, and (ii) paR ut the
Town-s e6menta at a Workplace violence Prevention Program:
1. A clearly written Company Womplacu v;ulence Policy Statement;
and
Z. Lvndactirrg Employee and Supervisor training and eaauativn
programs; and
3. Providing promaari:-5 Tor the reporting oT, irlv@atigation of, and
tallow-Up Upon incidents uT agyre55;a�� and Workplace viulanue, including
trle regular evaluation and re-evaluation at protocols and proceaarea, duly
taking into accua,it all legal and practical iasaa5 at contiderrtiality; ana
4. Planning, maintainingg. and/or Budgeting Tor ade jaats authority and
mUnc-tary resources so trial iaentivad goals and assigned ruapan0ilit;es
can B-V mEt: and
d. Including and encouraging EmployeU paFficipatior r in the design
and implementation Ut the Workplace Violence Prevention Program,
including participation By Awriiu„wed Employee Representat;vaa; and
6. ReTu5ing to tulerate aggression ana MjKplace Violence (a "zero
tolerance" program); and
f. veveloping and implementing programs and proceaurea to reduce
risR and inciaent5 of aggression and violence: and
page aI 15 9
S. Applying vvurRplace V;olence policies cunaiatently and fairly to all
tmplayees, including Sapervfaors; and
9. Ru faring prompt and accurar repoRing of violent and aggreaaive
incidents, whatFier or not physical injury M..a occurred; and
10. Ensuring anti-d6-uriminatiun and freedom Trom rstaliatii y Adtions
against v;ctirns of Workplace v;olenae_ ai id those who repoR inuidenta and
proviae vvit,,a-as or evidence in connect;vn therewith.
11. Proceaurea repairing a review the vvurRplar C Vialance Prevention
Program at least annually. and immediately aver the occurrence of a
vvurRplace violence incidant, and. it necessary, the cuntcnta at the
vvompla�;e violence Prevention Piug,am shall be updated itnin a
reasonable tii-„e after such review is completea.
U. Evaluate the need tor, and procedures mr, L6taining crisis
mmnseling for Employees aTrr tMe occurrence of a WorRpla... violence
inc;aent. I his counseling must Be provided by a mental MeahFi
proressiunal rullowing generally accepted mental health practices, ana tft
procedures shall Be developed in conjunction vvitF1 tft input of a yaalifiea a
rental health proTesaio„al.
SECTION S: LIVIPEUYEE INFORMA I IUIC AIaQ I RAINING — i Me i ovvrl anall
provide its Employees with the tuIlowing inrormatiun and training on the risRs our
Wafkplar r Violence in their vvorrcplaces, Both at the time oT tMei, initial assignment ana
annually thereatte,:
A. Empluyee$ 5nall Be informea oT (i) tMe requirements of this focal Eaw_
related provisions of lHe New York State Mor law_ (ii) the risk factors in tMair
workplaces, and (iii) tMe location and availaBility ut the wr;tten Workplace
violence Prevention Program.
B. i ile vvorRplace Violence Policy Stata,,ie,it goals and objectives sriall Be
posted in a conapicaaas location at the place UT employment where notices to
employees are normally posted; and
U. Emplayes training shall inclade and ideidify, at a minimum_ (i) the
measures Employees can take to protect themselves f,om such risRs, including
specifflc procedurea the I own has implemented to prtatca Employees, such as
appropriate work practicea, emergency procedures, use of seuarity alarms and
utMe, devices, and (ii) the aetafls at the written Workplace viclenue Prevention
Program developed by the Town. At a minimum. all Employees, regaraleaa at
their level oT riaR, should Be taught: (i) tecrinilaea tar recognizing the potential To,
vivle,icte; (ii) procedure5, policies, and worn anviranment aTrarigements
Page cf 16 10
developea r cuntnal riSR- (iii) proper uau of 5euarity hardware; tiv) the
appropriate response to incidents of aggression, and violence, including
emergency and hostage aitaations; (v) how to obtain meaical a5si5tance ana
Tallow►-apt (vi) p,ocedures Tor rupurffing_ investigating and documenting incide,ts
oT aggruaaion and Workplace Violence; (vii) How to travel safety to, Tram, and
within Vle vvorKplace; and (viii) safe cash Hanal6 ig p,oceda,es.
Q. Effective training anould: (1) Be given during iHe YYurk-day; (ii) use easily
onaer5toua terminology, (iii) 1% given in languages spoken By Me employees; (iv)
provide anTticient time for questions and an5wers, (v) be conducted By trainej 5
knowledgeable or qualified in their fiela or aAperti5e: and (vi) be conducted BeTum
taking a new job saa;gnment, annually, and wrie. lavv5 or procedures change.
Employees with joB taaRa or locations that place them at Higher risk for violent
incident* should be proviaed aaaitiunal Specialized training aea;gnea to deal w;tfi
Me nature of this risk.
E. Superviaora 5ryoaid: (i) undergo aadiftnal training to enable them to
recognize a potentially Ma,-ardoas situation or to mane any i iaceasaq cFianges in
the physical plant, starring, or policy and procedures to aaareaa any ri5R: (ii) be
trained to en5are that Employeea are not placed in assignments that cvmpjviii;5e
sarety; (iii) Be trained in methods ana pruLeaaies which will reduce security
hazards; (iv) be trained to Behave compassionately towards co-workers when an
incident does occur; (-) ensure that Employees TolluYy ante work practices and
receive appropriate training; (vi) reinforce the Workplace violence Prevention
Program, promote Safety ana security, and ensuru Employees receiva additional
training as tFie i geed arises.
1�. Security personnel need to :Be trained, whenever pua5iBle_ for the specific
ta0ity layout, ana sects ty Hardware in the Workplace, and tur identified High
63R jobs.
SECTION 9: ML;MEM REPORTING, llvVtS r IvA r IUN. FOLLOW-UP, FAD
EVACUATION -
A. incident Deporting: Any Employee who is involved in a vvo,RCplace
violanue incident, or who is a witneas to 5ach incident, shall (i) report saLry
incident immediately to His or her Supervisor Ur to the I own Supervisor, ana (ii)
follow all proceaurea for reporffing such incidents. tmployees *hall provide all
necessary details (oar, time location; witnesses, etc.) regarding the Workplace
violence incident, incluaing the „amen (or descriptions) oT tftae involved. Any
Empluyee who believes that a violation of the Wo,kplace Violence Pry .—Mlun
Program aAiata, of that an imminent danger UT an incident of Workplace Violence
exists, shall (i) immoa;ately B,;ng such matter to Me armni;uj, at their Supervisor
or the Town Supervisor in the form of an oral notice (whrl a Tullow-ap written
notice)_ and (ii) shall afford ifle r own a jeasonable opportunity to inveaiigate and
correct aticn autivity, policy; or practice, i Fiia w,itten notice requirement shall nnI
Page Ur I ii 11
apply wneve an tmployee reasonaBly Belia za in good faith that repoRing to a
Supervisor or the i own Supervisor would not result in corrective action, But in
such case, immediate and prompt notice shall Be prvviaea to some other
Supervisor of the Town or to tft Commissioner.
S. Prompt Action Steps: EacB rEportea i„ciae,rt shall be evaluated by the
Threat mssasament i Cam. once an incident occa,Q. the I owrr should: (i) mpurff
it to the local police dEparlment; (ii) secure worn a,cas where disturbances
occurred; (ili) ensure the pnys;cal safety of Employees and others remaining in
the area as soon as possiBle; (iv) ensare that no work area is IeTt Aorff-$tatted
wMile others assist the victim or Help ;n aecu6ng the area; (v) quicKly asaEaa the
worn area, it ;t was disturbed or damaged during an inc;aent, to determine it it is
Safe; ana (vi) prov;aa critical and confidential i,eciaEnt ae6rieting to victims,
witnesses and otner atrectca Employees.
C. lnvest;gation: After an incident occurs, a detailed fact-finding investigat;on
shall Be conducted as soon as possiBle. vvMen conaucting this investigation, the
Threat mssessment 1 Cam should: (i) collect tact.- on wno, what, when, where,
and how the incident uccarrea; (ii) record information; (iii) iaa„tity Lo„tributing
causes; (iv) recommena corrective aalun; (v) encourage appropriate tallow-up;
ana (vi) consider changes in controls, procedures; and policies.
17. Inapactiun: when a request Tor an inspection has been made in a
situation where tMaie is an allegation oT an irnm;nEnt danger, such that an
Employee woula Be 3013jected to injury or death, the inspection shall 6e given the
h;ghest priority and shall 6E carried aut ;mmediately. If, following a reter,gl of an
;nWaent. and atte, a reasonaBle opportunity to correct such activity, policy or
practice, tMe matter has not been resol„Ga ana the Employee; or AuthorizEa
Employee Repraaentat;ve. All Believes that a violation of a workplace Violence
Prevention Program re4o;rement remains; or that an imminent aanger All exists,
SauFi Employee, or xuinor;zea Employee Representative, may request an
inspection By giving notice to tree r ovvn Supervisor ur the Commissioner —.T aucrr
violation or aangEi. Such notice ana reyaEat anall (i) be in writing, (ii) set TortM
with reasonaBle particularity the grounds Tor #ire notice. (i;i) Be signed by sucR
Employee, or by the Autnur-cCa E,nployee Representative.
E. Inspection BY Uum„"iss;uner: It the Commissioner wilt ;„spect the
vvorfRplacc--:
1. A copy of the notim ana request shall be proviaea By the
Commi5aivner to the Town Supervisor no later than the time of inspection
by the Gurnmiaaioner; except that, at Me requaat vt tMea pe,son giving such
notice, such paracn'a name, and the names of individual Employees may
Be withheld.
Pag4 of 16 12
Z. A re-presentative cr the i ow,r and an 7Nutnori4ad Employee
Repre.untative shall be given the apporffunity to accompany the
Commissionar during an inspection, T-.r the parpoSe of aiding auaFi
inspection. vvnem tFiare is no Authorizes Employee Representative, inn
UummPssioner shall conault with a reasonable numBar in Employees
concerning matters of saTety in the workplace.
3. A copy of the Workplace violence Prevention Program, riaK
evaluation and determination records, and vvo,Rplace Violence training
records will be made availaBle By the Town to tPie Vummissiuner at the
opening conference -or any Deparftment of Ca6or inspection or
consultation. Before releasing fta information; the Town may redact any
informal;on that is deemed to be conTiaeritial or at a secure nature #Piet is
not pertinent to Me protection of EmployeGa Tram workplace Violence
risks, such as, BUT not limited to, employee nome ur cell telephone
num6eis, protected security procedures and starring patwrna, Building
accaa5 co7_es, etc.). i ne 1 own may not redact any (i) riaR racturs
Rieniftiva daring any risk evaluation and determination that YYaa
performed, (i;) methuab or procedures atilLaa to prevent Workplace
Violence, or (iii) Employee training information. Any redacted information
shall Be made availaole Tar review By the Commissioner upon reWaest.
4. i He authority of the Gomm6aim rer to inspect any WorKplacaa aFiall
not ae limited to the alleged violation contained i,r such notice. i Pie
Commissioner may inspect any other vvorRplace (i) tar which he or she
Flab reason to believe that a Serious violation oT to;a Cacal Caw_ or any
State or Federal law, rule, or regulation exists, or (ii) pursuant to a general
administrative plan, for the enTorcement of law, including a general
scheauie at inspections, which provide. a rational administrative basis Tar
such inspection.
F. Within 30-days err, the occurrence of a vvorRplace violence incident; the
Town shall complete ana suBmit a "workplace Violence Incident Reparl. This
report may Be in any format, But moat include; at a minimum, #Pie Tollowing
informatlon:(i) vvufRplace location; (ii) trlo date rt incident; (iii) the time or the
incident; (iv) a aeacriptiun at the incident; (v) inn „auras at involved Employees;
(vi) the extent of any it jariea: (vii) the names or all witnasses; and (viii)
information on preventative actions that the Town has taKen or is considering as
a result vt trie incident to mitigate against turffher like occurrences. Uapiea at
reports wnicn meet the recording requirements of 11 NYCRR Part au-i snall Ise
forwarded to the neareat Division of Safety and Flvaltfii ("DOSR") District Office.
DuSR Form 901 or vvt;B Form c;z, with the requirea u elOrmation added, may Be
utili,Lea for this purpose.
U. Any workplace Violence inc;aant that may be of a criminal ur aumeatic
violence nature aFiall be immediately repartaa to police authorities in accordance
Page at 16 13
with law, i rye r own shall also follow Ma,,v York State Division of Labor, DUSK_
and OSHA reporting p,uceaa,es regarding Plaraaamcnt typE workplace Violenr'
incidents.
R. Neither the Town, nor any Supervisor, may unaer[amo, co,i,mit, or promote
any Retafiatuiy Action againat any Employee because ine Employee, in good
TaitM (i) pmv;ae5 any notice oT any v;olat;on of Workplace Violence pn;toculs or
requirements, (i;) 5c,6mits any notice to Mee Gurn,niss;oner, (iii) requests any
inspection, (iv) accu—mpaniez the Commissioner or row„ Sopervisoi upon any
inspection; (v) acts as a complainant or witness to any alleged act of workplace
violence, or reports the same, ur (vi) avails Himself or hersek or any ,;ghat or
remedy ar u,dea unde, this Local law.
SECTION 15: REC ORDKEEPIIq-u - i Pie r um, mall develop and maintain
an etteL%ve recordkeeping ayatem that keeps all records up to data. At a minimum, the
Tollow;ng records should Be Kept: (;) an USRA 200 Log (USFIA and related New York
State regulations require the recording of any ;njary which requires morE than Tirst did.
causes loaa tit consciousness, requires moalfied duty_ or results in lost time Tern work_
and all following Hated items must also be recorded ;n suen log6vok(s)): (ii) records oT all
assaults, aggressive i5-wPlavia, ana incidents of Workplace viulence: (i;i) doctors' reports
UT work iiymie5: (iv) Superviso,a" ru-porfs, and (vi) reports oT all Tatalhiea or catabbophes.
An Employee death resulting Trom an empluyment accident or illneaa canaea By o,
related to a vvofRplace hazard, or the noapitali,-at;on (not 'examination and reluaao) of 3
or more Employees resulting from an employment acc;aent or illness caused By a
workplace hazara moat tie orally reported to uERA, DUSK, and the Commissioner By
the lawn within 8 hours. Additiu,pally, 12 NYCRR Part 8uI, Known as the Pubic
Empluyer Recoidkeeping Rule, wnicM is implemented pursuant to Section z(-a at the
New YorR State Ca6or Law, shall Be compl;ed with for recording and raporffing
Employee injuriva ur illnesses due to Wompla.,. violence incidents. The r own anal[
tallow all federal, star and local laws and regulationa, and aFiall comply with its own
internal procedures, in tyre repors„g at Workplace Violence incidents. I He types of
recorda that aFiall be kept and preaervea by the Town, ana utilized 6y the i Firuat
Assessment r earn tar periodic or other ra Javv, mould include records oT:
A. Inclaenta at assaults and Workplace violence, vAicn should describe wMo
was involved, the type or activity. (i.e. unprovoRea sudden attack), and all other
cirttamstances of the incident. r He ,ecords should include a duacription at the
lucatiunlenv;rnment, potential or au-tual costs, lost time, nature uT ;njaries
sustained, atc.: and
B. incidents oT abuaau, verbal attacks or aggreaa;ve Behavior. even if not
resulting in any injury. Any acts of aggression should Be recorded even ff not
inreatening to the Employee, such ma, But not limited to, inciaents or puaFiing,
shouting, imim;vating behaviors, etc.; and
Pagr, of 15 14
C. Rrlutes of safety meetings and ;napaction reports that conta;n t,ndings;
cor,ective amiona recommended relative to vorkplace violence, along JtH the
I own's response and completion dates for action ;tams: and
o. 1 raining records, wllicn anuaia include dates tRe li-a fng was conductea,
the type uT training given; the Employees gained; etc.; and
E. Inspection re:.ords; which shout include dates of inspection, areas
inspedfed, all rrndinga and recommenaatfona, a„y control measumi.
impiamentea, etc.; and
F. Employee questionnaires that aaae5s Employee's views oT M;gn risk works
areas ana activitiu5; and
G. InsQrance records; and
R. vvoFRars' Compensation Recurds; But Subject to UUMhawntiality and
disclosure Mjuiuernents and limitations, and
I. _ Medical records, Bat subject to conTraentiality a„d disclosure requirements
and limitations; and
I Police sports; and
K. Any otflar record ne,ein requirea tc Be Rept or maintained, or m4aired to
Be kept and maintained By any other law, rule, or regulation.
SEt,;r IuN 11: AMEIVE)RlElq 15 — I he terms, benenw, and p,o►►isions of this
Local Law may Be amended from time to time, in the discretion oT Me I own Board.
Publication of a not;ce of puBlic hearing pertaining to the amendment oT this [ucal Caw
anal[ Be a,id be deemed sumcier,t notice to any aTrctad pe,sonti of any amendment
na,otu.
SEt,;r IuN 1 Z: COMSRUJU J IUN wITR OTHER MvvS - i ne provisions or
this Local law anal[ not diminish Me rigPita ut Employees pursuant to any law, rule;
regulation; or colled&u Bargaining agreement. lQutFling in this Local Law shall change
ur alto, tHr, Town's obligation to comply with workplace oatety Standards as set TortM By
tfle County at I ompkins, the State of New Yo,k or the unhad Status. and each of their
respective dapartments and agencies, r Ilia local Caw is intended to sapplement and
augment those reyaira,,,ents by regularly priding for and requiring inspections,
traii iing. and evaluaiiano ut the workplace.
SEC;i IUN 13: SEvERABICITY - If the pru„iaiana of any article, section,
suBsedfi on, paragraph, subdivisio, or alaase of this Local law shall be adjudged invalid
6y a court or utner t„Banal of competc,at jariad;ction; Bach order or judgment sFiall riot
attedt or invalidate the remainder of any article; suction. subsection, paragrapry.
Pagc ur 16 15
subdivision or clanse of this Local Cann. Any such invalidity sflall Be contined in its
operation to the ulauas, 5entenee, paragraph, aecalion ou afficle thereoT directly invulved in
the cunt,uversy in wMic M anun order yr judgment shall nave Been rendered.
SEC;i ION 14: EFFEU I IVE DA I E - This Local Carr sFiall Be and become
immediately et —active upon filing.'; and it is TartHer
RESUEVED, that Me i own Board approves Me draft workplace Self-Evaluatian Farm.
tFie draft Incident Report Form. the draft Employee Survey, the draft WorKplace
violenue Prevention Plan, and tFie draft workplace vlolenLe Pufcy Statement as
presented to tfi;5 Buara; and it is Turtner
RESOLVED, that the I own Board flere6y aatFo,ices the Town Superv;aur to appoint
the members oT iflu I Mreat Assessment i earn, AicM Hereafter shall be and Be deemed
a Lommittee of the i own; and it ;s tafther
RtSOEVED; that suers I fluent Assessment Team, once cvnst;tated; promptly begin tfie
evaltiat uns a,id analyses required By Eucal Caw#9 of zuur Tor the year ZUU7.
SEUM I ype II Acdtion
Piage ut 16 16