NY workplace violence prevention act: Assess risk
Law applies to all public employers and health care facilities
New York has become the latest state to enact specific legislation to help stem the tide of workplace violence by requiring certain public employers (employers with more than 20 employees, and including most health care settings) to proactively evaluate the safety of their workplaces, develop and implement workplace violence prevention programs, and provide workplace safety training to all employees. The new legislation, the New York State Workplace Violence Prevention Act, went into effect in October 2006. It mandates that employers evaluate working conditions for circumstances that often precede incidents of violence, including:
- Employees working late at night or early in the morning;
- Employees exchanging money with the public;
- Employees working alone or in small numbers;
- Uncontrolled access by the public to the workplace; and
- Areas of previous security problems.
Where an evaluation of workplace conditions reveals that one or more of these or other circumstances exist creating an increased risk of workplace violence, the employer is asked to prepare and implement a written workplace violence prevention program including such steps as:
- Making high-risk areas more visible to more people;
- Installing good external lighting;
- Using drop safes or other methods to minimize cash on hand;
- Posting signs stating that employees have limited cash on hand; and
- Establishing reporting systems for incidents of aggressive behavior.
In addition to conducting a workplace evaluation, and preparing and implementing a written workplace violence prevention program, covered employers must also provide annual training to their employees regarding: 1) the existence, location and details of the employer's written workplace violence prevention program; and 2) steps the employees can take to protect themselves from workplace violence.
"The bill is probably the most sweeping antiviolence workplace bill in the country," says Jonathan Rosen, MS, CIH, director of the occupational safety and health department at the New York State Public Employees Federation in New York City. "It covers just about every type of public-sector workplace."
Health care workers in mental health facilities face the greatest risk of assault, says Rosen. But emergency department staff also suffer from assaults. In 2004, more than 6,700 hospital workers suffered lost-work-time injuries because of assaults, according to statistics compiled by the Bureau of Labor Statistics.
"The culture is that it's part of the job," says Rosen. "[Workers feel that] you should expect it if you work in a hospital emergency room or in a psychiatric hospital or with the mentally retarded. [They should be educated] that no one should be assaulted, yelled at, threatened, kicked, spit on. That's not part of anyone's job."
New York has become the latest state to enact specific legislation to help stem the tide of workplace violence by requiring certain public employers (employers with more than 20 employees, and including most health care settings) to proactively evaluate the safety of their workplaces...You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
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