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2.15 2.15 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 : 2 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 1 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. 2 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. 3 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. 4 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). 5