Workplace Violence Prevention Frequently Asked Questions

Q: Who is covered by the workplace violence prevention law?
A:  All public employers are covered by the Workplace Violence Prevention Law (Labor Law 27-b). A public employer is the state of New York, a political subdivision of the state (i.e. a city, county, town or village), a public authority or public benefit corporation, and any other governmental agency or an instrumentality of a government agency. 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. 

Q: What is workplace violence?
A: Workplace violence is any physical assault or act of aggressive behavior occurring in the workplace. Workplace violence includes but is not limited to:

1. Any verbal or physical threat or attempt to inflict physical injury on an employee.
2. Any intentional display of force which gives an employee reason to fear or expect bodily harm.
3. Intentional, wrongful, and nonconsensual physical contact with an employee that causes injury.
4. Stalking an employee with the intent of causing fear of harm for an employee’s physical safety and health, when such stalking has arisen through and in the course of employment.

Q: What are public employers required to do under the workplace violence prevention law?
A: All public employers are required to do the following: 

• Perform a risk evaluation of your workplace and determine the factors that place employees at risk from occupational assaults and homicide. 
• Provide its employees with information and training on the risks of occupational assaults and homicides in their workplace or workplaces at the time of their initial assignment and annually thereafter, as further described in Section 5(b) of the law and applicable regulations.
• Establish and implement a system for employees to report incidents of workplace violence.
• Develop and maintain a Workplace Violence Incident Report and review the report annually.  

Additionally, public employers with twenty or more full-time employees must develop and implement a written Workplace Violence Prevention Program. A written policy statement describing the goals and objectives of the Program must be posted where employee notices are usually posted. The Program must be made available, upon request, to employees, the employees’ designated representatives and the Department of Labor.

Q: What information needs to be included in the annual workplace violence prevention training?
A: The training must include the following information: the requirements of New York’s Workplace Violence Prevention Law; the risk factors the employer identified in the risk evaluation; the ways employees can protect themselves; and the specific procedures in place to protect employees. In addition, employers with 20 or more full-time permanent employees must inform their employees of the location of the written workplace violence prevention program and how to obtain a copy.

Q: What is a serious violation of an employer’s workplace violence prevention program? 
A: A serious violation of the workplace violence prevention program is when the employer does not develop and implement the workplace violence prevention program or when the employer does not address situations which could result in serious physical harm.

Q: What is serious physical harm?
A: Serious physical harm refers to: a physical injury which creates a substantial risk of death or causes death; a physical injury which causes serious and long-term disfigurement, a long-term health impairment, a long-term impairment to or loss of function of a bodily organ; or a sexual offense.

Q: What is imminent danger?
A: Imminent danger refers to workplace conditions or practices which could reasonably be expected to lead to danger of immediate death or serious physical harm. Imminent danger also refers to workplace conditions or practices which could reasonably be expected to lead to the danger of death or serious physical harm that could be eliminated by the enforcement of procedures described in the workplace violence prevention program before the danger becomes immediate.

Q: What is an authorized employee representative?
A: An authorized employee representative could be a union representative or an employee authorized by the employees to represent them in activities authorized under the law or regulations, including the development and implementation of the program, the evaluation of physical environments, the annual review of workplace violence incidents, the filing of complaints.

Q: Can the Workplace Violence Prevention Program be provided in digital format?
A: Yes, the workplace violence prevention program can be in an entirely digital format as long as every employee has access to it, for instance through a shared network or email distribution. However, it would not be permissible if, for example, the workplace violence prevention program was stored in a computer system for which only some employees were provided the log in information.

Q: A colleague was running down the hallway to catch his train and accidentally bumped into me causing me to sprain my ankle.  Would this be considered workplace violence?
A: No. Your colleague did not intentionally harm you or act aggressively.  Workplace violence must be an intentional physical assault or an act of aggressive behavior.

Q: Someone physically threatened me when I was working off-site.  Is a physical threat outside of my employer’s property still considered workplace violence?
A: Yes, workplace violence can occur at any location where a public employee performs work-related duties in the course of their employment while outside of their home. For example, a workplace could include an inspection site, a town-hall meeting site, a conference, a school bus; a field trip location; or a team sport venue among other locations.

Q: Is my employer required to include an authorized employee representative in the development of the Workplace Violence Prevention Program?
A: Yes, employers are required to allow for employee participation through an employee representative in the development and implementation of the workplace violence prevention program. Employers are also required to allow for employee participation in the evaluation of the physical workplace and the annual review of workplace violence incidents report.

Q: I submitted a workplace violence incident report. Is my employer required to inform me of the results of the investigation into the workplace violence incident?
A:  Employers are not required by the Workplace Violence Prevention Law to share this information but may choose to provide follow up information in accordance with applicable policies, regulations and laws.

Q: I was the victim of workplace violence and do not want my name listed in the workplace violence incidents report.  Can I ask for my name to be omitted from the workplace violence incidents report?
A: Yes. Any employee who was the victim of an incident of workplace violence can request that their name to be removed from the workplace violence incidents report. The employer must write “Privacy Concern Case” in place of the employee’s name before sharing the workplace violence incidents report with anyone other than the Department of Labor, unless required by law.

Q: I informed my supervisor of a serious violation of my employer’s workplace violence prevention program but my employer still has not fixed the violation.  What should I do?
A:  If you have informed your supervisor of a serious violation and your employer doesn’t fix the violation after a reasonable opportunity has passed, you can request a workplace inspection by filing a complaint with the Public Employee Safety and Health (PESH) bureau at the Department of Labor’s Division of Safety and Health directly using the complaint form linked here or by calling 1-844-SAFE-NYS.

Q: As an employee representative, can I report a violation of the workplace violence prevention program on behalf of an employee?
A: Yes. You, as an employee representative, can file a complaint on behalf of an employee.

Q: I have alerted my supervisor to a serious violation of the workplace violence prevention program. What is considered to a “reasonable opportunity” for my employer to fix the violation?
A: A reasonable opportunity is the amount of time it should reasonably take for the employer to investigate and fix the violation once they have been alerted to it and determined that a serious violation exists.

Q: I believe a fellow employee is in imminent danger of workplace violence however I don’t believe my supervisor will do anything to correct the activity endangering them.  Can I report the violation to the Department of Labor without informing my supervisor?
A: Yes. The Workplace Violence Prevention Law states that employees are not required to inform their supervisor when a specific employee or patient is in imminent danger, and they believe in good faith that informing their supervisor will not result in action to correct the cause of imminent danger. In cases like this, employees can report the violation to the Public Employee Safety and Health (PESH) bureau at the Department of Labor’s Division of Safety and Health directly using the complaint form linked here or by calling 1-844-SAFE-NYS.  If an employee is in immediate danger you should consider contacting local law enforcement for an immediate response.

Q: How do I report a violation of the workplace violence prevention program to the Department of Labor?
A: Violations of the workplace violence prevention law can be reported to the Public Employee Safety and Health (PESH) bureau at the Department of Labor’s Division of Safety and Health directly using the complaint form linked here or by calling 1-844-SAFE-NYS.  You can also contact the PESH bureau to ask questions about safety and health standards by calling 1-844-SAFE-NYS or emailing [email protected]

Q: A violent incident occurred at my workplace, so my employer must not be following the law. How does the PESH enforcement process address this?
A: A workplace violence prevention program should help in the prevention of workplace violence, but unfortunately, it cannot always anticipate all potential hazards to employees. The possibility of a violent incident might exist despite an employer’s best efforts. Following any incidence of violence, you should follow your workplace’s violence prevention program’s procedure for reporting the incident to your supervisor. You may request a PESH inspection for serious violations of the workplace violence prevention program after informing your supervisor and allowing your employer a reasonable opportunity to correct the violation. If your employer does not have a workplace prevention program in place, you should request a PESH inspection. 
A PESH inspector will investigate your employer’s compliance with the Workplace Violence Prevention law, including policy statement, risk evaluation and determination, written program, training, and recording of incidents. The inspector will also check that employee representatives had the opportunity to participate in the evaluation of the workplace, development of the written program (for employers with 20 or more full time permanent employees), and review of WPV incident reports at least annually. If violations of the regulation are found, PESH will issue citations to your employer.
 

Q: What situations in the workplace might place my employees at risk of workplace violence?
A: The factors that place employees at risk will be specific to your workplace.  Common factors which might place your employees at risk include: working in public settings; working late night or early morning hours; exchanging money with the public; working alone or in small numbers; working in a location where public access to the workplace is uncontrolled; or working in areas with previous security problems.

Q: Are aggressive actions or behaviors by students, clients, or patients, especially those who may be minors, have a developmental disability or  are experiencing a crisis, considered to be workplace violence?
A: Yes, workplace violence may originate from many sources. In the workplace violence prevention program, employers are responsible for developing procedures for preventing and responding to the incidents that are likely to occur in their workplace.  This may include engaging with mental health professionals, emergency services and law enforcement, crisis intervention services or, in the case of minors, parents or guardians.

Q: How often must employers provide workplace violence prevention training to employees?
A: Training and information on the risk of workplace violence must be provided when an employee is initially assigned to a workplace and at least once a year after that.  In addition, whenever significant changes are made to the workplace violence prevention program, the employer must inform the employees who are impacted.

Q: How often must employers review the workplace violence incidents report?
A: The employer, with participation of an authorized representative, must review the workplace violence incidents report at least once a year to identify trends in the types of workplace incidents that have occurred and evaluate how effective any actions the employer has taken have been at preventing or reducing the risk of workplace violence. The results of this review should be incorporated into the workplace violence prevention program and employee training.

Q: Does the evaluation of the physical environment have to be done annually?
A: No. Only the evaluation of the workplace violence incidents report and employee training must be completed annually. Employers are encouraged to evaluate physical workplaces when facilities are changed and on a regular basis to assess the functionality of equipment, such as locks and security cameras.

Q: The workplace I manage is developing a pattern of violent incidents involving criminal conduct against employees.  What am I required to do to protect my employees?
A: As the employer, you must engage with law enforcement to report violent crimes so that they may be investigated and appropriately prosecuted. Employers must also provide employees with information on how to engage with law enforcement as well as contact information for any employee who wishes to file a criminal complaint after a workplace violence incident.

Q: I manage three workplaces in different locations. Does each work location need its own workplace violence prevention program, or can I use one program for all locations?
A: A single workplace prevention program can be used across the different work locations managed by an employer. However, a separate risk evaluation for each workplace location is required.  The risk factors for each workplace location and the safeguards implemented to address them must be listed in the workplace violence prevention program. If there are different risk factors for the three workplaces you manage, the program must contain specific information on the identified risk factors and safeguards implemented for each site.

Q: Can workplace violence incident reports be filled out and kept digitally rather than as a physical paper copy?
A: Yes. The regulations specify the workplace violence incident report can be in any format, including digital. Employers can decide which method of record keeping works best for them.

Q: I am a small public employer with only 15 employees. Am I required to develop and implement a written workplace violence prevention program?
A: No. Only public employers with 20 or more full-time permanent employees are required to develop and implement a written workplace violence prevention program. All employers, regardless of size, are encouraged to use the workplace violence prevention program template provided by NYSDOL available here: https://dol.ny.gov/wpv-program-general-template-attachment.

Q: My workplace already has a reporting system for employees to report incidents involving injuries and violence.  As an employer, must I develop a new reporting system to comply with the workplace prevention law?
A: No. The law doesn’t require an additional or separate reporting system as long as the current system can record or can be modified to record the following information about each workplace violence incident:

• The location where the incident occurred.
• The time of day or shift when the incident occurred.
• A detailed description of the incident, including events leading up to the incident and how the incident ended.
• The names and job titles of all employees involved (unless privacy is a concern).
• The name or another method of identifying other individuals involved.
• The nature and extent of the injuries arising from the incident.
• The name of witnesses.

Q: What does the workplace violence risk evaluation have to include?
A: The risk evaluation must include: an examination of any records of workplace violence incidents throughout the previous year; an assessment of any relevant policies, work practices, and work procedures that may impact employee’s risk of workplace violence; and an evaluation of the physical workplace to determine what factors are present that could put employees at risk of workplace violence.

Q: What must be included in a workplace violence prevention program?
A: The workplace violence prevention program must include:

• the list of workplace violence risk factors identified in the risk evaluation.
• the safeguards you as an employer will use to reduce or eliminate the risk of workplace violence. For each risk factor identified in the risk evaluation you must implement a safeguard to reduce the risk of violence to employees.
• a ranking of the safeguards your workplace violence prevention program will use to reduce the risk of workplace violence from most effective to least effective.
• an outline or lesson plan for employee training on workplace violence.
• a description of your workplace violence reporting system.
• a plan to review workplace violence incidents report annually.
• a description of how information will be kept confidential for security reasons.

Q: Should workplace violence incidents that cause a work-related death or injury also be reported on the PESH Log of Injuries and Illnesses (SH-900)?
A: Yes. Workplace violence incidents that cause a work-related death or an injury that meets the recording criteria of the PESH log of injuries and illnesses should be recorded on both the PESH log and the workplace violence incidents report. For more on the PESH log of injuries and illness, visit the PESH website linked here: https://dol.ny.gov/public-employee-safety-health

Q: What types of safeguards can I, as an employer, implement to eliminate or reduce the risk of workplace violence to my employees?
A: The safeguards implemented by an employer will depend on the type of risks present in your workplace.  As an employer, you could implement physical changes to the workplace to reduce or eliminate the risk of workplace violence. You could also change work practices to reduce the likelihood of violent incidents and to better protect staff and others should a violent incident occur. You could supply employees with personal protective equipment as well.
Examples of physical changes include: improving lighting in outdoor areas for better visibility; controlling access to certain areas with locked doors; or installing security technologies such as metal detectors, surveillance cameras, or panic buttons. Examples of changes to work practices include: implementing procedures and/or itineraries to account for employees who work alone; training staff in de-escalation techniques; or making sure all employees have methods to communicate like cell phones or panic buttons.  Examples of personal protective equipment include supplying law enforcement personnel with body armor or supplying healthcare workers with bite-resistant sleeves.

Q: Am I required to have employees participate in the development and implementation of the workplace violence prevention program?
A: Yes, as an employer you must solicit input on situations in the workplace that pose a threat of workplace violence from your employees’ authorized representative.  In addition, you must solicit input on the workplace violence prevention program you intend to implement from the authorized employee representative. You must also allow for employee participation in the annual review of the workplace violence incident report and the evaluation of the physical workplace.

Q: As an employer, do I have to inform the employee that submitted a workplace violence incident report of the results of the investigation into the workplace violence incident?
A:  Employers aren’t required by the Workplace Violence Prevention Law to share this information but may choose to provide follow up information in accordance with applicable policies, regulations and laws.

Q: An employee was injured in a sexual assault in the workplace and I am concerned for their privacy.   Can I keep their name out of the workplace violence incidents report?
A: Yes. The law states that an injury or illness resulting from sexual assault is considered a privacy concern case.  In these cases, the employer must remove the names of employees who were victims of workplace violence and write “Privacy Concern Case” in its’ place before sharing the workplace violence incidents report with anyone except the Department of Labor.  Incidents involving the following injuries or illnesses should also be treated as privacy concern cases: an injury or illness to an intimate body part or the reproductive system; mental illness; HIV infection; and needle stick injuries and cuts from sharp objects that are or may be contaminated with another person’s blood.

Q: What is considered a “reasonable opportunity” for me as an employer to fix a violation reported by an employee?
A: A reasonable opportunity is the amount of time it should reasonably take for you as the employer to investigate and fix the violation once they have been alerted to it and determined that a serious violation exists.