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Preventing Workplace Violence In Public Schools
To help prevent workplace violence in public schools, on September 6, 2023, the Governor signed legislation (S1746/A1120) amending the Workplace Violence Prevention Law (Section 27-b of Labor Law), extending coverage to elementary and secondary public education that was previously exempted. This was done by removing the exemption from the definition of “employer” in the law. The amendment of 12 NYCRR Part 800.6 has also been immediately authorized by the legislation. These changes will be effective 120 days (January 4, 2024) after becoming law.
As of January 4, 2024, covered public employers include public school districts, New York City public schools, Boards of Cooperative Education Services (BOCES), and County Vocational Education and Extension Boards. Based on guidance in the Workplace Violence Prevention Regulations, please refer to the timeline below regarding implementation deadlines:
(1) The Employer's Policy Statement must be completed within 30 days of the law going into effect (February 3, 2024)
(2) The workplace risk evaluation and determination must be completed within 60 days of the law going into effect (March 4, 2024).
(3) The workplace violence prevention program must be completed within 75 days of the law going into effect (March 19, 2024).
(4) Employers must be in full compliance with the regulations within 120 days of the law going into effect (May 3, 2024).
For information on how a business or school can request free and confidential Safety and Health consultation assistance please fill out the request form.
What is Workplace Violence?
Workplace violence is any physical assault or act 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:
- An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee;
- Any intentional display of force which would give an employee reason to fear or expect bodily harm;
- Intentional and wrongful physical contact with a person without his or her consent that entails some injury; or
- Stalking an employee with the interest in causing fear of physical harm to the physical safety and health of such employee when such stalking has arisen through and in the course of employment.
In 2006, New York State enacted legislation requiring public employers to develop and implement programs to prevent and minimize workplace violence and help ensure the safety of public employees. While workplace violence can occur in any workplace setting, typical examples of employment situations that may pose higher risks include:
- Duties that involve the exchange of money
- Delivery of passengers, goods, or services
- Duties that involve mobile workplace assignments
- Working with unstable or volatile persons in health care, social service, or criminal justice settings
- Working alone or in small numbers
- Working late at night or during early morning hours
- Working in high-crime areas
- Duties that involve guarding valuable property or possessions
- Working in community-based settings
- Working in a location with uncontrolled public access to the workplace
Who is covered?
Public employers include:
- State agencies
- Fire Departments
- Political subdivisions of the state
- Public authorities
- School Safety Agents of the NYPD
- Public benefit corporations, and
- any other governmental agency or instrumentality
How does the Department of Labor respond to complaints of workplace violence hazards?
An employee must first notify a supervisor, in written format, of a serious violation of the workplace violence prevention program and allow a reasonable period of time for correction. For cases involving imminent danger, the local authorities should be contacted immediately. If the matter has not been resolved, a complaint may be filed with the Department of Labor's Division of Safety and Health PESH bureau. Valid complaints may result in a worksite inspection to determine if the employer has implemented the requirements of the Workplace Violence Prevention regulation. Employers found to be out of compliance with the requirements noted above will receive notices of violation. Note: it is important to address any violations within the agreed upon abatement period so that the employer does not risk incurring fines for failing to comply.
How can Public Employee Safety & Health help?
The Public Employee Safety & Health Bureau (PESH) has provided a number of resources to assist employers who are trying to come into compliance with the workplace violence prevention regulation. In addition, Public Employee Safety & Health has a consultation branch that is separate and apart from the enforcement branch, which provides free consultation surveys at the request of the employer. The employer can also set the scope of these surveys. Public Employee Safety & Health helps to identify the hazards present and recommends ways to correct each hazard. Public Employee Safety & Health also has consultants to help train employees and correct violations cited as a result of an enforcement inspection.
Workplace Violence Prevention Statute
Resources
A fact sheet for employees regarding their rights under the Workplace Violence Prevention Act.
A slide deck explaining pubic employer requirements under the law
A model training public employers can fill in to meet the training requirement under the Workplace Violence Prevention Act
A Workplace Violence Program Template public employers can fill in to meet the program requirement under the WVPA.
Contact Division of Safety & Health
For general inquiries, call us at 1-844-SAFE-NYS (1-844-723-3697) or email: [email protected]