New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 800 - Public Employees' Occupational Safety And Health Standards › Section 800.6 - Public employer workplace violence prevention programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Title and citation. Within and for the
				  purposes of the Department of Labor, this Part may be known as Code Rule 800.6,
				  "public employer workplace violence prevention programs", relating to
				  requirements of public employers to develop and implement programs to prevent
				  and minimize the hazards of workplace violence to public employees; allowing
				  any employee or authorized employee representative of employees who believes
				  that a serious violation of this safety or health standard exists, or an
				  imminent danger exists, to request an inspection by the Department of Labor;
				  and providing for the enforcement of such requirement by the Commissioner of
				  Labor. It may be cited as Code Rule 800.6 "public employer workplace violence
				  prevention programs" as an alternative and without prejudice to its designation
				  and citation established by the Secretary of State.
(b) Purpose and intent. It is the purpose of
				  this Part to ensure that the risk of workplace assaults and homicides is
				  evaluated by affected public employers and their employees and that such public
				  employers design and implement protection programs to minimize the hazard of
				  workplace violence to employees.
(c) Application. This Part shall apply
				  throughout the State of New York to the State, any political subdivision of the
				  State, any public authority, public benefit corporation or any other
				  governmental agency or instrumentality thereof. This Part shall not apply to
				  any employer as defined in section 2800 of the Education Law.
(d) Terms. As used in or in connection with
				  this Part, the following terms mean:
(1)
				  Authorized employee representative. An employee authorized by the employees or
				  the designated representative of an employee organization recognized or
				  certified to represent the employees pursuant to article 14 of the Civil
				  Service Law.
(2) Commissioner. The
				  Commissioner of Labor of the State of New York or his or her duly authorized
				  representative for the purposes of implementing this Part.
(3) Employee. A public employee working for
				  an employer.
(4) Employer. The
				  State, any political subdivision of the State, any public authority public
				  benefit corporation, and any other governmental agency or instrumentality
				  thereof, except that an employer shall not include, for purposes of this part,
				  any employer defined as such in section 2801  of the Education Law.
(5) Imminent danger. Any conditions or
				  practices in any place of employment which are such that a danger exists which
				  could reasonably be expected to cause death or serious physical harm
				  immediately or before the imminence of such danger can be eliminated through
				  the enforcement procedures otherwise provided for by this Part.
(6) Retaliatory action. The discharge,
				  suspension, demotion, penalization or discrimination against any employee, or
				  other adverse employment action taken against an employee in the terms and
				  conditions of employment.
(7)
				  Serious physical harm. Physical injury which creates a substantial risk of
				  death, or which causes death or serious and protracted disfigurement,
				  protracted impairment of health or protracted loss or impairment of the
				  function of any bodily organ or a sexual offense as defined in article 130 of
				  the Penal Law.
(8) Serious
				  violation. A serious violation of the Public Employer Workplace Violence
				  Prevention Program (WVPP) is the failure to:
(i) develop and implement a
				  program;
(ii) address situations
				  which could result in serious physical harm.
(9) Supervisor. Any person within the
				  employer's organization who has the authority to direct and control the work
				  performance of an employee, or who has the authority to take corrective action
				  regarding the violation of a law, rule or regulation to which an employee
				  submits written notice.
(10)
				  Workplace. Any location away from an employee's domicile, permanent or
				  temporary, where an employee performs any work-related duty in the course of
				  his or her employment by an employer.
(11) Workplace violence. Any physical assault
				  or acts of aggressive behavior occurring where a public employee performs any
				  work-related duty in the course of his or her employment including but not
				  limited to:
(i) an attempt or threat, whether
				  verbal or physical, to inflict physical injury upon an employee;
(ii) any intentional display of force which
				  would give an employee reason to fear or expect bodily harm;
(iii) intentional and wrongful physical
				  contact with a person without his or her consent that entails some
				  injury;
(iv) stalking an employee
				  with the intent of causing fear of material harm to the physical safety and
				  health of such employee when such stalking has arisen through and in the course
				  of employment.
(12)
				  Workplace Violence Prevention Program. An employer program designed to prevent,
				  minimize and respond to any workplace violence, the development and
				  implementation of which is required by article 2, section 27-b of the New York
				  State Labor Law.