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T: 315-466-3560
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Counteractive Solutions LLC
Syracuse NY USA
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Counteractive
Solutions LLC
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Call
T: 315-466-3560
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Counteractive Solutions LLC
Syracuse NY USA
Contact
WORKPLACE VIOLENCE PREVENTION
NEW LAW IN EFFECT AS OF JANUARY 4TH, 2024
Title 12 of the New York State Code of Rules & Regulations Part 800.6
(12 NYCRR 800.6)
Workplace Violence can occur at any place and time when CSEA members provide a public service.
Violence can come from:
1. Random individuals intent on committing a crime.
2. People to whom we provide services.
3. Co-workers.
4. Personal relationships.
The effects of workplace violence range from death and serious physical harm to threats, fear, and intimidation.
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All CSEA members are at risk of workplace violence. However, certain jobs or tasks place members at
greater risk, such as working with prison inmates, the mentally ill, the cognitively disabled, and even the
general public when they are inconvenienced, are given bad news, or are just having a bad day.
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At Counteractive Solutions, we specialize in assisting businesses like yours in achieving compliance with these requirements. Let us help you navigate and implement the necessary measures for full compliance with the new law.
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ALL public employers are required to develop and implement a Workplace Violence Prevention Program and post a Workplace Violence Policy Statement reminding all workers about the program and how to report incidents. The regulation requires that the program be developed in cooperation with the union to ensure all possible causes are identified and controlled.
Implementation Deadlines
To help prevent workplace violence in public schools, on September 6, 2023, the Governor signed legislation (S1746/A1120) amending the Workplace Violence Prevention Law (Section 27-b of Labor Law), extending coverage to elementary and secondary public education that was previously exempted. This was done by removing the exemption from the definition of “employer” in the law. The amendment of 12 NYCRR Part 800.6 has also been immediately authorized by the legislation. These changes will be effective 120 days (January 4, 2024) after becoming law.
As of January 4, 2024, covered public employers include public school districts, New York City public schools, Boards of Cooperative Education Services (BOCES), and County Vocational Education and Extension Boards. Based on guidance in the Workplace Violence Prevention Regulations, please refer to the timeline below regarding implementation deadlines:
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1. The Employer's Policy Statement must be completed within 30 days of the law going into effect (February 3, 2024)
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2. The workplace risk evaluation and determination must be completed within 60 days of the law going into effect (March 4, 2024).
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3. The workplace violence prevention program must be completed within 75 days of the law going into effect (March 19, 2024).
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4. Employers must be in full compliance with the regulations within 120 days of the law going into effect (May 3, 2024).
Employer Requirements
Employers must give the authorized employee representative an opportunity to participate in the evaluation of the physical work environment, development of the written program, and annual review of incident reports.
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• Employers must perform a risk evaluation and determination of the workplace to determine the magnitude of risk of workplace violence.
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• Employers must implement control methods to minimize or eliminate the risk factors identified.
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• Employers must establish a reporting system for workplace violence incidents and maintain reports for annual program evaluation.
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• Employers must provide information and annual training for employees on the risk factors in the workplace, hazard control methods, the details of the written workplace violence prevention program and regulatory requirements.
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• Employers, with more than 20 employees, must create a written program including the risk factors identified, the control methods that will be utilized, the incident reporting system and an outline or lesson plan for training employees.
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• If there are patterns of violence that involve criminal conduct, the employer must attempt to develop a protocol with local law enforcement.
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• Each year, the employer must conduct an annual program review with employee representatives.