Policy 6190 – Workplace Violence Prevention Policy Statement

Overview

         The District is committed to the safety and security of its employees. Workplace violence presents a serious threat to the safety of employees, students, parents and visitors. The goal of this policy is to promote the safety and well-being of all employees in the workplace.

      Acts of violence against any employee where any work-related duty is performed will be thoroughly investigated and appropriate action will be taken. All employees are responsible for: creating an environment of mutual respect for each other, as well as students, parents, and visitors; following all applicable documents; and for assisting in maintaining a safe and secure work environment.

      This workplace violence prevention policy was developed in consultation with the authorized employee representative(s) and is designed to meet the requirements of New York State Labor Law and highlights some of the elements that are found within the District’s Workplace Violence Prevention Program (WVPP).

Definitions

      For purposes of this policy, the following definitions apply:

1. “Authorized employee representative” means an employee authorized by all 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, the Public Employees’ Fair Employment Act.
2.  “Imminent danger” means 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 the danger can be eliminated through the enforcement procedures.
3. “Retaliatory action” means 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.
4. “Serious physical harm” means 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 Penal Law.
5. “Serious violation” means the failure to:
   1. Develop and implement a workplace violence prevention program;
   2. Address situations which could result in serious physical harm.
6. “Supervisor” means any person within the District 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.
7. “Workplace” means any location away from an employee’s domicile, permanent or temporary, where an employee performs any work-related duty in the course of their employment by the District.

What is Workplace Violence

      Workplace violence is any physical assault or acts of aggressive behavior occurring where an employee performs any work-related duty in the course of their employment including, but not limited to:

1. An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee;
2. Any intentional display of force which would give an employee reason to fear or expect bodily harm;
3. Intentional and wrongful physical contact with an employee without their consent that entails some injury;
4. Stalking an employee with the intent of causing fear of material harm to the physical safety and health of the employee when the stalking has arisen through and in the course of employment.

      Workplace violence may be committed against a District employee by anyone, including, but not limited to:

1. Other employees;
2. Former employees;
3. Students;
4. Parents;
5. Visitors;
6. Individuals who have no connection to the workplace, but enter to commit a robbery or other crime; or
7. An individual who has a personal relationship with an employee.

Prohibited Conduct

The District prohibits workplace violence and will not tolerate violence, threats of violence, or intimidating conduct in the workplace.

Workplace Violence Prevention Advisory Committee

      The District shall establish a Workplace Violence Prevention Advisory Committee that will meet periodically throughout the year. The purpose of the Workplace Violence Prevention Advisory Committee is to assist the District in coordinating its efforts to comply with its responsibilities related to workplace violence prevention, including overseeing the development and maintenance of the District’s WVPP.

      The Workplace Violence Prevention Advisory Committee will include:

1. The Workplace Violence Prevention Coordinator(s);
2. All authorized employee representatives;
3. The Chief Emergency Officer and/or their Alternate.

      It may also include one or more representatives from the following groups:

1. District-wide school safety team;
2. The building level emergency response team(s);
3. District/building administrators;
4. Teachers, including at least one special education teacher; and
5. Other District staff.

Workplace Violence Prevention Coordinators

      The District has designated the following District employees to serve as its Workplace Violence Prevention Coordinators:

Designated Contact Person: Alicia D. Koster
Title: Assistant Superintendent 
Department: Phone:  518-762-4611 x3163 
E-mail: akoster@johnstownschools.org 

Designated Contact Person: Matthew Lewis
Title: Building Principal
Department Phone: 518-762-3715  X5200
E-mail: mlewis@johnstownschools.org

      The Workplace Violence Prevention Coordinator(s) convenes and coordinates the activities and plans of the Workplace Violence Prevention Advisory Committee. The Workplace Violence Prevention Coordinator(s) is also responsible for answering employee questions about this policy and related materials, as well as receiving workplace violence incident reports.

Authorized Employee Representatives

      The District must provide for employee participation in the WVPP through an authorized employee representative. Authorized employee representatives will participate on the Workplace Violence Prevention Advisory Committee. Authorized employee representatives have a right to, at a minimum, be involved  in:

1. Participating in the development and implementation of this policy.
2. Evaluating the physical workplace environment to determine workplace violence risk factors.
3. Developing the WVPP.
4. Reviewing workplace violence incident reports at least once a year to identify trends in the types of incidents reported, if any.
5. Evaluating the effectiveness of safeguards and actions taken to reduce the risk of workplace violence.
6. Reporting violations of the District’s WVPP.

Reporting Workplace Violence

      The District has established and implemented a reporting system for incidents of workplace violence.   

Any employee or authorized employee representative who becomes aware of a physical assault, threatening behavior, or verbal abuse in the workplace must immediately provide written notice of the facts and circumstances of the violent incident to a their immediate supervisor or the Workplace Violence Prevention Coordinator. If the report was provided to a supervisor, the supervisor must immediately forward the report to the Workplace Violence Prevention Coordinator.

If an employee witnesses or is involved in an incident of violence in which there is an immediate threat to the employee’s safety, or the safety of others, or where a serious injury has occurred, the employee should immediately call 911 to obtain law enforcement and/or medical assistance. The employee should also immediately notify their immediate supervisor.

If an employee believes that either they or another employee are in imminent danger of workplace violence and reasonably believes, in good faith, that reporting to a supervisor or the Workplace Prevention Coordinator would not result in corrective action, then the employee may report the violation directly to the Public Employee Safety and Health Bureau (PESH). 

The District will immediately respond to all incidents of violence or threatening behavior upon notification. After the District receives notice, the District will be afforded a reasonable opportunity to correct the activity, policy, or practice.

If there is a developing pattern of workplace violence incidents which may involve criminal conduct or serious injury, the District will attempt to develop a protocol with the District Attorney or law enforcement to ensure that violent crimes committed against employees in the workplace are promptly investigated and appropriately prosecuted. The District will provide information on these protocols and contact information to employees who choose to file a criminal complaint after a workplace violence incident.

      In addition to complying with the reporting requirements in this policy, District employees must comply with all other applicable reporting requirements contained in any District policy, regulation, procedure, collective bargaining agreement, or other document such as the District’s Code of Conduct.

Inspections by the Commissioner of Labor

At the Request of an Employee or Authorized Employee Representative

      If, after being given notice and a reasonable  opportunity to resolve the activity, policy, or practice, the matter has not been resolved and and the employee or authorized employee representative still believes that a serious violation of the WVPP remains, or that an imminent danger exists, the employee or authorized employee representative may request an inspection by notifying the Commissioner of Labor of the alleged violation or danger. The notice and request will be in writing, describing with reasonable particularity the grounds for the notice, and be signed by the employee or authorized employee representative. A copy of the written notice will be provided by the Commissioner of Labor to the District or the person in charge no later than the time of inspection, except that on the request of the person giving the notice, the person’s name and the names of individual employees or authorized employee representatives will be withheld.

      A District representative and an authorized employee representative will be given the opportunity to accompany the Commissioner of Labor during an inspection for the purpose of aiding the inspection. Where there is no authorized employee representative, the Commissioner of Labor will consult with a reasonable number of employees concerning matters of safety in the workplace.

      The authority of the Commissioner of Labor to inspect a premises pursuant to an employee complaint will not be limited to the alleged violation contained in the complaint. The Commissioner of Labor may inspect any other area of the premises in which they have reason to believe that a serious violation of the workplace violence prevention law exists.

Initiated by the Commissioner of Labor

      The Commissioner of Labor may inspect any premises occupied by the District if they have reason to believe that a violation of the workplace violence prevention law has occurred. The current PESH administrative plan will be used for the enforcement of the workplace violence prevention law, including a general schedule of inspection, which provides a rational administrative basis for the inspection.

Workplace Risk Evaluation and Developing a Workplace Violence Prevention Program (WVVP)

      The District will engage in a process of workplace evaluation designed to identify the risks of workplace violence to which employees could be exposed.

      The District will develop and implement a written WVPP to prevent, minimize, and respond to any workplace violence. The Workplace Violence Advisory Committee, which includes all authorized employee representatives, will oversee the development of the WVPP. During the development process, the authorized employee representative(s) will provide input on those situations in the workplace that pose a threat of workplace violence.

      The WVPP will include the following:

1. A list of the risk factors identified in the workplace evaluation.
2. The methods the District will use to prevent incidents of workplace violence. Examples include, but are not limited to:
   1. Making high-risk areas more visible to more people;
   2. Installing good external lighting;
   3. Using drop safes or other methods to minimize cash on hand;
   4. Posting signs stating that limited cash is on hand;
   5. Providing training in conflict resolution and nonviolent self-defense responses; and
   6. Establishing and implementing reporting systems for incidents of aggressive behavior.
3. A hierarchy of controls to which the program will adhere as follows: engineering controls, work practice controls, and personal protective equipment (PPE).
4. The methods and means by which the District will address each specific hazard identified in the workplace evaluation.
5. A system designed and implemented by the District to report any workplace violence incidents that occur in the workplace. The reports must be in writing and maintained for the annual program review.
6. A written outline or lesson plan for employee program training.
7. A plan for program review and update on at least an annual basis. This review and update will detail any mitigating steps taken in response to any incident of workplace violence.

Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)

      The District will not take retaliatory action against any employee because the employee exercises any right accorded to them under this policy.

Education and Training

      At the time of hire and annually thereafter, all employees will participate in the District’s workplace violence prevention training program. The District will provide opportunities for training through multiple formats including online and in-person training on Superintendent’s Conference Days and other days dedicated to professional learning. 

      This policy will be posted where notices to employees are typically posted. A copy of the District’s WVPP may be obtained by contacting the District’s Workplace Violence Prevention Coordinator. The District will also make the WVPP available for reference to employees, authorized employee representatives, and the Commissioner of Labor in the work area  at each school main office and District Office, and on the District website.

Labor Law Section 27-b
12 NYCRR Section 800.6 

 NOTE:   Refer also to Policies
#3410 — Code of Conduct
#3411 — Prohibition of Weapons on School Grounds
#3412 — Threats of Violence in School
#3420 — Non-Discrimination and Anti-Harassment in the District
#3421 — Title IX and Sex Discrimination
#5681 — School Safety Plans
#5684 — Use of Surveillance Cameras in the District on School Buses
#5690 — Exposure Control Program
#6121 — Sexual Harassment in the Workplace
#6122 — Employee Grievances
#7350 — Use of Timeout and Physical Restraint
#7360 — Weapons in School and the Gun-Free Schools Act

 Adopted: 12/21/2023
Revised: 04/24/24