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LABOR AND POLICY\Workplace Violence Prevention Program Policy—Adopt Amended Version— 1-22-18
RESOLUTION AUTHORIZING ADOPTION OF AMENDED TOWN OF
QUEENSBURY WORKPLACE VIOLENCE PREVENTION PROGRAM
AND WORKPLACE VIOLENCE PREVENTION POLICY STATEMENT
RESOLUTION NO.: , 2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board recognizes the value of its employees and
wants to provide a safe working environment for each and every Town employee and to minimize
the risk of any workplace violence, and
WHEREAS, by Resolution No.: 76,2010, the Town Board accordingly authorized
adoption of a Workplace Violence Prevention Program, and
WHEREAS, the New York State Department of Labor has recommended certain
language changes in the Town's Workplace Violence Prevention Program and therefore the Town
Board wishes to authorize an amendment to its Workplace Violence Prevention Program and
adopt a Workplace Violence Prevention Policy Statement as presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the adoption of the Town
of Queensbury Workplace Violence Prevention Policy Statement and Workplace Violence
Prevention Program as suggested by the New York State Department of Labor substantially in the
form presented at this meeting and authorizes and directs the Town Supervisor to make arrangements
for the distribution of copies to Town employees, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Safety Officer, Town Counsel and/or Town Budget Officer to take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 22nd day of January, 2018, by the following vote:
AYES
NOES
ABSENT :
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Town of Queensbury
Workplace Violence Prevention Policy Statement
The Town of Queensbury is committed to the safety and security of our employees. Workplace
violence presents a serious occupational safety hazard to our agency, staff, and clients.Threats,
threatening behavior,or acts of violence against(Employer's Name)employees where any work related
duty is performed will be thoroughly investigated and appropriate action will be taken, including
summoning criminal justice authorities when warranted. All employees are responsible for helping to
create an environment of mutual respect for each other as well as clients,following all policies,
procedures and program requirements, and for assisting in maintaining a safe and secure work
environment.
This policy is designed to meet the requirements of NYS Labor Law 27b and highlights some of the
elements that are found within our Workplace Violence Prevention Program.The process involved in
complying with this law included a workplace evaluation that was designed to identify the workplace
violence hazards our employees could be exposed to. Authorized Employee Representative(s)will, at a
minimum, be involved in:
• The evaluation of the physical environment;
• The development of the Workplace Violence Prevention Program and;
• The review of workplace violence incident reports at least annually to identify trends in the
types of incidents in the workplace and review of the effectiveness of the mitigating actions
taken.
All employees will participate in the annual Workplace Violence Prevention Training Program.
The goal of this policy is to promote the safety and well-being of all people in our workplace.All
incidents of violence or threatening behavior will be responded to immediately upon notification.
All Town of Queensbury personnel are responsible for notifying the contact person designated below of
any violent incidents,threatening behavior, including threats they have witnessed, received, or have
been told that another person has witnessed or received.
First Contact Person:
Direct Department Supervisor
Second Contact Person:
Town Supervisor's office—Executive Assistant or Town Supervisor
Town of Queensbury
Workplace Violence Program
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Overview
Workplace Violence Prevention Program
Introduction
Workplace violence presents a serious occupational safety hazard for workers. On June
7, 2006,New York State enacted legislation that requires public The Town of
Queensbury(other than schools covered under the school safety plan requirements of the
education law)to perform a risk evaluation of its workplaces and develop and implement
programs to prevent and minimize workplace assaults and homicides. The Town of
Queensbury along with the authorized union representatives, were given the opportunity
and assisted in the development of this program,the evaluation of the physical and
environmental threats which they face, and the annual review of the workplace violence
program.
Purpose
The purpose of the Workplace Violence Prevention Program is to provide information to
managers, supervisors, and employees about preventing and responding to incidents of
workplace violence or threats of violence and the "New York State Public Employer
Workplace Violence Prevention Law."
The goals of the program are:
1. To reduce the probability of threats or acts of violence in the workplace, and
2. To ensure that any incident, complaint, or report of violence is taken seriously
and dealt with in a timely manner.
The Town of Queensbury will not tolerate violence in the workplace. All incidents,
complaints, and or reports of violence and threats of violence, will be taken seriously
because The Town of Queensbury is committed to providing its employees with a
reasonably safe and secure work environment. The Town of Queensbury's Policy
Statement on Workplace Violence Prevention Program will be conspicuously posted in
each location as well as on the Intranet to advise all employees where they may report
violations.
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Purpose of Program
The purpose of this program is to address the issue of potential workplace violence,
prevent workplace violence from occurring to the fullest extent possible, and set forth
procedures to be followed when such violence has occurred.
Statement of Program
Violence and threats of violence in the workplace will not be tolerated by The Town of
Queensbury. Examples of workplace violence can include oral or written statements,
gestures, or expressions that communicate a direct or indirect physical threat of harm.
Such behavior will be taken seriously and will be dealt with appropriately.
Scope of Program
All The Town of Queensbury employees are required to comply with this program. In
addition, since visitors of The Town of Queensbury owned property and facilities are
required to conduct themselves in a non-violent manner in conformity with existing law,
employees who observe or experience visitors of The Town of Queensbury property
engaging in violent behavior should follow the procedures in our policy for the reporting
such behavior.
Application of Program
Violence and other physical disruptive behavior by or against an employee of The Town
of Queensbury are unacceptable. Individuals who commit such acts may be removed
from the premises and may be subject to appropriate disciplinary action, including, where
legally appropriate, termination of employment and or criminal penalties.
Training
All employees will be informed of the requirements of the law, the risk factors in their
workplace, and the location of the written workplace violence prevention program.
Training is also required for employees on the measures they can take to protect
themselves from the risks identified in the assessment and the details of the written
workplace violence prevention program. Employee workplace violence training is to be
provided annually.
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a
Reporting of Violence
An effective reporting system: (1) protects the Agencies' employees from harm in the
workplace; (2) assists management in its effort to maintain a safe and productive work
environment;and(3)ensures management the opportunity to investigate and determine the
cause(s) and make recommendations to minimize recurrence. All workplace violence
incident reports must be in writing.
Any employee who witnesses or encounters any act of violence should:
• Complete and submit the "Workplace Violence Incident Report"available
on the intranet or with Department Manager. The Town of Queensbury
will take necessary action. Any employee who believes that an imminent
danger exists should bring the matter to The Town of Queensbury's
immediate attention.
• Immediately notify his/her supervisor and/or HR, as appropriate
• As appropriate, notify building security
• As appropriate, call 911
Supervisors/managers should approach such situations with caution, balancing the need
to maintain an orderly workplace with personal safety. Following notification, if the
Agencies' management has been given reasonable time to take corrective action and no
such action has been taken, the employee or his or her representative may inform he
Commissioner of Labor of the danger and request that an inspection be conducted. Such
request must be in writing and include with a reasonable level of specificity the grounds
of the notice.
The Town of Queensbury is prohibited by law from taking any retaliatory action against
any employee who: (1) has made The Town of Queensbury management aware of what
the employee deems to be an imminent danger; (2)has requested that the Commissioner of
Labor conduct an inspection; or (3) accompanies the Commissioner during an inspection
of the Agencies,pursuant to §27-b.6 of Article 2 of the State Labor Law.
12 NYCRR Part 800.6(g)(2)(viii) Note: Nothing in this part shall require the disclosure
of information otherwise kept confidential for security reasons. Such information may
include information which, if disclosed:
• Would interfere with law enforcement investigations or judicial proceedings;
• Would deprive a person of a right to a fair trial or impartial adjudication;
• Would identify a confidential source or disclose confidential information relating
to a criminal investigation;
• Would reveal criminal investigative techniques or procedures,
• except routine techniques and procedures; or
• Would endanger the life or safety of any person.
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Workplace Risk Evaluation
Introduction
Certain factors or situations may place employees at a greater risk of workplace violence.
This workplace evaluation is based upon surveys of all Employer's facilities.
Risk Evaluation and Methods to Prevent Incidents
Workplace violence can occur in any workplace setting. However, some settings or
factors may pose a greater degree of workplace violence risk. Employment situations or
factors that may pose.higher risks for The Town of Queensbury employees include, but
not limited to:
• Working public settings
• Working alone in small numbers
• Having a mobile workplace assignment, and
• Worker on worker workplace violence
Records Examination and Risk Evaluations were conducted and the methods and means
by which the hazards are being addressed are listed in the document"Explain Risk
Factors and Protective Measure from Workplace Assessment."All Town of Queensbury
sites were surveyed along with authorized employee representatives and hazards were
identified in`Explain Risk Factors and Protective Measure from Workplace
Assessment."
Hierarchy of Controls
A hierarchy of controls to which the program shall adhere as follows: engineering
controls, work practice controls, and finally personal protective equipment.
Program Review Plan
The Town of Queensbury has a plan for program review and update on at least an annual
basis. Such review and update shall set forth any mitigating steps taken in response to any
incident of workplace violence. The review will also include the participation of the
authorized employee representative(s).
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