[HISTORY: Adopted by the Albany County Legislature 7-13-2009 by Res. No. 270-2009. Amendments noted where applicable.]
A.
In accordance with New York State Labor Law § 27-b, every
municipality with more than 20 full-time employees is required to
develop and implement a written workplace violence prevention program,
and as part of the requirement, the promulgated rules and regulations
mandates a Workplace Violence Prevention Policy Statement.
B.
The Department of Human Resources has developed a draft Workplace
Violence Prevention Policy Statement for review and adoption by the
Legislature. The policy statement clearly expresses the County's intolerance
for violent behavior, including any physical assault or act of aggressive
behavior, including, but not limited to: any attempt or threat, whether
verbal or physical, to inflict physical injury upon an employee; intentional
display of force; intentional and wrongful physical contact; and/or
stalking an employee with the intent of causing fear or material harm.
C.
The Albany County Workplace Violence Statement of Policy as drafted
by the Department of Human Resources and filed with the Clerk of the
Legislature is hereby adopted.
A.
The Albany County Department of Human Resources is a County agency
that is bound by common standards of conduct and a commitment to prevent,
minimize and respond to any workplace violence.
B.
The Department of Human Resources is committed to providing a safe
work environment for all staff, clients, volunteers and interns. The
Department will respond promptly to threats, acts of violence, wrongful
physical contact and acts of aggression by employees or against employees
by co-workers or members of the public.
C.
The term "workplace violence" is defined as any physical assault,
threatening behavior or verbal abuse occurring in the work setting.
The Department of Human Resources prohibits workplace violence and
will not tolerate violence, threats of violence or intimidating conduct
in the workplace. Complaints of workplace violence will be given serious
attention. Security and safety in the workplace requires the cooperation
of every employee.
D.
This program sets forth standards for employee conduct and guidelines
for reasonable precautions. The accompanying procedures outline response
to threats or violence should they occur in the workplace, whether
at the workplace or off-site. The term "workplace" is defined as any
location away from an employee's domicile, permanent or temporary,
where an employee performs any work-related duty in the course of
his/her employment.
E.
All disciplinary measures taken against employees shall be taken
in accordance with the procedures of the Albany County Statement of
Rules and Regulations or, if applicable, as set forth in the employee's
negotiated collective bargaining agreement.
A.
The Department of Human Resources will not tolerate any act or threat
of violence made in the workplace.
B.
No person may engage in violent conduct or make threats of violence,
implied or direct, on County property or in connection with the business
of Albany County. This includes but is not limited to:
(1)
The use of force with the intent to cause harm; e.g., physical attacks,
any unwanted contact such as hitting, fighting, pushing or throwing
objects.
(2)
Acts or threats which are intended to intimidate, threaten, coerce
or cause fear of harm, whether directly or indirectly.
(3)
Acts or threats made directly or indirectly by oral or written words,
gestures or symbols that communicate a direct or indirect threat of
physical or mental harm.
(4)
Stalking with the intent of causing fear to the physical safety and
health in the course of employment.
C.
No person, without legal authority, may carry, possess or use any
dangerous weapon on County property or in the conduct of Albany County
business.
Retaliatory action against anyone acting in good faith who has
made a complaint of workplace violence, who has reported witnessing
workplace violence or who has been involved in reporting, investigating
or responding to workplace violence is a violation of this policy.
Those found responsible for retaliatory action will be subject to
discipline up to and including termination.
A.
Risk factors. A number of factors may increase a worker's risk for
workplace assault. For department staff, volunteers and interns, these
factors may include the following:
(1)
Contact with the public.
(2)
Exchange of money.
(3)
Delivery of goods or services.
(4)
Working with unstable or volatile persons.
(5)
Working alone or in small numbers.
(6)
Working late at night or during early morning hours.
(7)
Working in high-crime areas.
(8)
Guarding valuable property or possessions.
B.
Prevention strategies.
(1)
When working with an unknown member of the public or client, staff
should be in well-lighted workspaces that are in high-traffic areas
and around other staff members. If, for some reason, you become uncomfortable
in a setting or situation, excuse yourself and seek out a supervisor
or administrator immediately. If one is not available, seek out another
staff member and/or contact security. If you cannot leave the situation,
contact a co-worker and ask for "a hot cup of coffee"; this a signal
for available staff to get security and come to the office to your
assistance.
(2)
Visibility and lighting are also important safety considerations.
For situations where you must work off-site, park in areas with good
lighting and close to the entrance to the building. Request an escort
from security personnel if needed.
(3)
The following security measures may reduce the risk for assaults
against workers and facilitate the identification and apprehension
of perpetrators. These include ensuring all doors to Human Resources
and Affirmative Action are locked at all times except the main entrance
Room 660. All persons who would like to meet with someone in Affirmative
Action must check in at the Human Resources receptionist desk to be
announced.
(4)
When an employee's job duties are performed outside of the office
and they feel threatened, the employee should remove themselves from
the situation and contact their supervisor or security.
(5)
Staff needs to assess clients/nonemployees for signs of agitation,
poor mental health and use of substances. All of these, especially
in combination, signal a heightened risk for staff. Staff should seek
out a supervisor or administrator immediately if they believe that
their personal safety may come into question.
(6)
The office space should be kept clear of items that could potentially
be used as a weapon. Offices should be arranged in such a way that
allows for quick and easy access to the exit door.
(7)
If the police or other law enforcement agencies need to be contacted,
security should be called and informed of the situation and their
support requested. Security's number for the 112 State Street location
is 447-7027
A.
The Commissioner of the Department of Human Resources shall be responsible
for the implementation of this program. The responsibility includes
distribution of this program to members of the staff, volunteers and
interns, ensuring appropriate investigation and follow-up of reported
incidents of workplace violence, and ensuring that administrators
and supervisors are aware of their responsibilities under this program
through internal communications and training.
B.
The Department liaison will:
(1)
Perform a risk evaluation of the workplace to determine the presence
of factors or situations that might place employees at risk of workplace
violence;
(2)
Assess the Department's readiness for dealing with workplace violence;
(3)
Facilitate appropriate responses to reported incidents of workplace
violence;
(4)
Assess the potential problem of workplace violence and recommend
policy, training programs or security procedures that should be implemented
to maintain a safe working and learning environment;
(5)
Evaluate incidents to prevent future occurrences;
(6)
Create a Workplace Violence Incident Report and review on an annual
basis;
(7)
Utilize prevention, intervention and interviewing techniques in responding
to workplace violence;
(8)
Distribute workplace violence prevention tools (such as pamphlets,
guidelines and fact sheets) to assist in recognizing and preventing
workplace violence; and
(9)
Arrange for employees to attend workplace violence prevention training
sessions for personal and workplace safety.
The Department of Human Resources shall develop, implement and
annually review a written Workplace Violence Prevention Program for
its work locations. The program shall include the following:
A.
A definition of workplace violence;
B.
Commitment to zero tolerance of workplace violence;
C.
Techniques on how to recognize and avoid workplace violence situations;
D.
The importance of reporting all workplace violence incidents and
the procedure to do so;
E.
Investigations of incidents by the employer; and
F.
Referrals for employee assistance.
A.
The Department of Human Resources shall make the written workplace
violence prevention program available, upon request, to its employees
and their designated representatives.
B.
At the time of employees' initial assignment and annually thereafter,
the Department shall provide its employees with the following information
and training on the risks of violence in their workplace(s):
A.
Training on the Workplace Violence Prevention Program will be provided
at the time of hire and thereafter annually and at any time the program
has been modified.
B.
Staff will be encouraged to attend personal safety training programs
offered by the County. The Department will coordinate with the Department
of Human Resources training programs for all employees. Various vendors
will be invited to sponsor these trainings, and the training may include
but not be limited to:
The Albany County Safety Committee will be available to assist
in staff education by periodically providing to the Department's safety
representative articles on violence prevention, tolerance and nonviolent
resolution of problems.
A.
All incidents of violent or threatening situations should be reported
to the Commissioner, or his/her designee. In the case of life-threatening
situations, local law enforcement and security should be contacted
immediately. In incidents of nonimminent danger, the Commissioner
will be responsible for coordinating responses to the situations.
If security or local law enforcement was called to stabilize violent
situations, a copy of their report shall be requested and attached
to the County's Incident Report Form.
B.
The County's Incident Report Form must fully detail the specific
incident and identify all persons involved, including witnesses. All
reports will be initially investigated by the Commissioner or referred
to Security. The Director/Commissioner will prepare a final report,
including a follow-up response on the action taken.
C.
The Director/Commissioner will forward reports of complaints involving
alleged employee misconduct to the Commissioner of the Department
of Human Resources.
A.
The following types of incidents are defined as critical incidents:
(1)
An incident involving an employee, volunteer, intern or member of
the public which results in death, great or substantial bodily harm
to an employee or a member of the public.
(2)
An incident in which deadly force is used by an employee, volunteer,
intern or member of the public.
(3)
An incident deemed serious enough by the circumstances to warrant
investigation and review, such as hostage situations, death or injury
of a person or extremely hostile encounters.
B.
The Department of Human Resources will follow one or more of the
following plans in response to a critical incident:
(1)
When appropriate, crisis intervention will begin immediately following
an incident, and may include a referral to the Capital Employee Assistance
Program (EAP).
(2)
The Commissioner will conduct a post-incident interview and analysis
to provide recommendations for changes to this plan.
(3)
The Commissioner, with Security, will evaluate the situation and
take steps to help prevent any immediate or recurring threat to physical
safety.
This plan will be included or referenced in the Policy and Procedure
Manual.
