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3.6 3.6 LABOR AND POLICY\Workplace Violence Prevention Program Policy—Adopt Amended Version Again—4-2-18 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 has long recognized the value of its employees by seeking to provide a safe working environment for each and every Town employee and minimize the risk of workplace violence, and WHEREAS, in 2010, by Resolution No.: 76,2010, the Town Board accordingly authorized adoption of a Workplace Violence Prevention Program (Program), and WHEREAS, the New York State Department of Labor recommended certain language changes in the Town's Program and therefore, by Resolution No.: 66,2018, the Town Board authorized an amendment to its Program and also adopted a Workplace Violence Prevention Policy Statement (Statement), and WHEREAS, the Town, including the authorized employee representative from the Town's Unit of the Civil Service Employees Association, reevaluated its workplace, including all work sites where Town employees perform work-related duties in the course of their employment, and 1 WHEREAS, the authorized employee representative from the Town's Unit of the Civil Service Employees Association has reviewed and provided input regarding the content of the amended Town of Queensbury Workplace Violence Prevention Program, and WHEREAS, the Town Board wishes to authorize such proposed amended Program and Policy Statement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the adoption of the amended Town of Queensbury Workplace Violence Prevention Policy Statement and Workplace Violence Prevention Program substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to make arrangements for the distribution of copies to all Town employees, including members of the Town's Unit of the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution along with the amended Town of Queensbury Workplace Violence Prevention Policy Statement and Workplace Violence Prevention Program to the appropriate representatives of the New York State Department of Labor, and 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 2nd day of April, 2018, by the following vote: AYES NOES ABSENT : 2 RESOLUTION AUTHORIZING ADOPTION OF WORKPLACE VIOLENCE PREVENTION PROGRAM RESOLUTION NO.:76,2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Labor Law §27-b, public employers have the affirmative duty to ensure that the risk of workplace assaults and homicides is evaluated and to design a Workplace Violence Prevention Program to prevent and minimize the hazard of workplace violence to public employees, and WHEREAS, the Town of Queensbury is a public employer within the meaning of the act, and WHEREAS, consistent with its obligations under Labor Law §27-b, the Town has evaluated its workplace, including all work cites where Town employees perform work-related duties in the course of their employment, WHEREAS, the results of that review have been incorporated into the Workplace Violence Prevention Program, and WHEREAS, a draft copy of the proposed Workplace Violence Prevention Program was provided to the Queensbury Chapter of the Civil Service Employees Association (Union) on or about July 24th, 2009 and the Union did not identify any objections to the proposed Policy, and 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, the Town Board therefore wishes to adopt such Workplace Violence Prevention Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Town of Queensbury Workplace Violence Prevention Program substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to make arrangements for the distribution of a copy of such Program to every employee, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to amend the Employee Handbook accordingly to reflect adoption of this new Program/Policy, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 11'1' day of January, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT :Mr. Brewer 2 RESOLUTION AUTHORIZING ADOPTION OF AMENDED TOWN OF QUEENSBURY WORKPLACE VIOLENCE PREVENTION PROGRAM AND WORKPLACE VIOLENCE PREVENTION POLICY STATEMENT RESOLUTION NO.: 66,2018 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 22"d day of January, 2018, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None 2 Town of Queensbury Workplace Violence Prevention Program Table of Contents • Page No. Introduction 1 Purpose 1 Statement of Program 2 Scope of Program 2 Application of Program 2 Training 2 Reporting of Violence 3 Workplace Risk Evaluation 4 Introduction 4 Risk Evaluation and Methods to Prevent Incidents 4 Hierarchy of Controls 4 Program Review Plan 4 Appendix "A" 5 Workplace Violence Prevention Policy Statement 5 Appendix"B" 6 Workplace Violence Incident Report 6 Appendix "C" 7 Explain Risk Factors and Protection Measures from Workplace Assessment 7 Clerical 8 Public Officials 9 i 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 the Town of Queensbury 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. The Town of Queensbury has adopted a Workplace Violence Prevention Policy Statement which is attached hereto as Appendix"A." 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"contained in Section 27-b of the New York State Labor 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 Workplace Violence Prevention Policy Statement will be conspicuously posted in each location as well as on the Intranet to advise all employees where they may report violations. 1 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. 2 Reporting of Violence An effective reporting system: (1) protects the Town of Queensbury's 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"attached hereto as Appendix"B"and is available on the intranet or with their 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 Town of Queensbury's 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 the 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. 3 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 of the Town of Queensbury's facilities conducted by Town of Queensbury representatives and authorized employee representatives. 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 also 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 attached hereto as Appendix"C"."All Town of Queensbury sites were surveyed along with authorized employee representatives and hazards are 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). 4 APPENDIX"A" 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 the Town of Queensbury's 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 5 APPENDIX"B" Workplace Violence Incident Report 1.Date of Incident 2.Time of day/shift when the incident occurred 3.Workplace Location where incident occurred 4.Provide a detailed description of the incident including: Events leading up to the incident and how the incident ended; Names and job title of involved employee(s); Name or other identifier of other individuals involved; Nature and extent of injuries arising from the incident and; Name of witnesses • Name of Employee Reporting the Incident(Optional) Note: Refer to 12 NYCRR Part 800.6 Section(i)(3)(ii)for special instruction on privacy concern cases. Print additional sheets if necessary. Date 6 APPENDIX"C" Explain Risk Factors and Protection Measures from Workplace • Assessment Highway/Water and Waste Water Dept./Recreation/Maintenance/Recycling A. Working in remote work assignments- • Employees will work hours assigned by their supervisor and will notify supervisor of any needed change in work schedule. Employees should be aware of closest phone or radio for 911 calls B. Dealing with irritated people outside of fellow staff • Employees are to keep calm and not escalate the situation and walk away from irate individuals and call 911 if necessary C. Employee internal disputes • Employees will be instructed that screaming,yelling, cursing, make derogatory remarks about each other is unacceptable behavior in the work place. • Internal arguing and yelling will not be tolerated. Employees need to walk away and exit the area immediately then report incident to their Supervisor. If you cannot exit you need to take appropriate action to get away. If there has been a threat of workplace violence,fill out an incident report. D. Employee External disputes • Employees will be instructed that this is unacceptable behavior in the work place. • Arguing and yelling with residents or individuals from the outside will not be tolerated. Employees need to walk away and exit the area immediately then report incident to their Supervisor. If there has been a threat of workplace violence,fill out an incident report. Field Service Personnel (Fire Marshal, Code Enforcement,Appraiser) A. Dealing with irate people in the field • See Above B. Dealing with irate people in the office/counter • See Above • Activate panic buttons if available • Notify direct or appropriate supervisor • Notify others in the building if warranted • Limit public access to public areas only C. Conflict via phone • Do not escalate situation and speak calmly • Take notes • Notify direct or appropriate supervisor. 7 Clerical A. Dealing with irritated people at windows or open counters, including handling of cash. Residents access open offices • Employees will be instructed on when to call 911 and to make others in the building aware of an emergency. • The public will be kept out of offices whenever practical • Alternate persons will make cash bank deposits at different times of day. • Employees will be trained on keeping calm if an irate person confronts them. Employees will not get into vocal confrontations with the public. Such behavior is unacceptable. Employees should notify and involve their supervisor and let them handle it if warranted. B. Irate people attending court, board meetings and public hearings • Instructions will be given on use of the panic button in the meeting room,the building intercom as well where there is a phone available to dial 911 will be given during training. • Officials and the public will be advised of emergency exits at the beginning of all public meetings. C. Working alone in the building • Employees will work hours that have been assigned by their supervisor and will notify their supervisor of any needed change in work schedule. Employees should be aware of closest phone for 911 calls D. Employee internal disputes • Employees will be instructed that this is unacceptable behavior in the work place. Internal arguing and yelling will not be tolerated. Employees need to walk away and exit the area immediately then report incident to their Supervisor. If there has been a threat of workplace violence,fill out an incident report 8 . Public Officials Irate people attending court,board meetings and public hearings • Officials and the public will be advised of emergency exits at the beginning of all public meetings. • Instructions will be given on use of the panic button in the meeting room, where there is a phone available to dial 911 will be given during training. • Elected and appointed officials will be trained on the proper conduct for officials at public meetings. Officials will not get into vocal confrontations with the public or each other • Court bailiffs will be present for court nights and metal detectors used to screen all attending court. The rear door of court room (by restrooms)will be locked so court attendees cannot enter once exiting that door Employee internal disputes • Employees will be instructed that yelling and fighting is unacceptable behavior in the work place. Internal arguing and yelling will not be tolerated. Employees need to walk away and exit the area immediately then report incident to their Supervisor. If there has been a threat of workplace violence,fill out an incident report • 9