This policy and set of procedures define how the Town of Williamson
will respond to threats and incidents in the workplace and will help
to define the responsibilities of the many individuals who are involved
in responding to threats, incidents, and other safety risks in the
workplace. They do not supersede the rights individuals have as private
citizens to make civil or criminal complaints regarding other individuals.
On June 7, 2006, New York State enacted legislation creating
a new Section 27-b of State Labor Law that requires public employers
(other than schools covered under the school safety plan requirements
of the education law) to perform a workplace evaluation or risk evaluation
at each worksite and to develop and implement programs to prevent
and minimize workplace violence caused by assaults and homicides.
The law is designed to ensure that public employers regularly evaluate
the risk of workplace assaults and homicides and that workplace violence
protection programs are implemented to prevent and minimize the hazard
to public employees.
All staff (including volunteers and interns), clients, and visitors
of the Town of Williamson are covered.
When criminal charges are filed against a client, the employee
must provide the client's name, address, and date of birth. No
other information from department records will be provided without
approval of the unit supervisor or the Personnel Officer and the County
Attorney.
In furtherance of this policy, employees have a duty to warn
their supervisors, security personnel, or human resource representatives
of any suspicious workplace activity, situation or incidents that
they observe or that they are aware of, involving other employees,
former employees, contractors, or visitors that appear problematic
to the extent that some type of intervention is likely to be required.
This includes, for example, threats or acts of violence, aggressive
behavior, offensive acts, threatening or offensive comments or remarks
and the like. The Town of Williamson will not condone any form of
retaliation against any employee for making a report under this policy.
As used in this chapter, the following terms shall have the
meanings indicated:
AFFIDAVIT
A written declaration made under oath, before an authorized
official. Affidavits are used by law enforcement agencies and prosecutors
to garner the statements of parties involved in an incident or crime.
Affidavits are available to the defendant and his/her attorney if
an incident is prosecuted. They are often called supporting depositions
or voluntary statements.
CRIMINAL CHARGES
Actual filing of a criminal complaint that results in an
arrest warrant or appearance ticket requiring the perpetrator to respond
in court to the charges.
INCIDENT
An action that may have further consequences, i.e., medication
error, personal injury while on duty, or negative interaction with
a client.
INCIDENT REPORT
Required Town form to document an incident. This form is
available from your supervisor.
LAW ENFORCEMENT
Agencies who may be contacted in the event of an emergency,
including the State Police, the Town of Williamson, Wayne County Sheriff's
Office, and on some occasions, the FBI. All of the above agencies,
with the exception of the FBI, can be reached in an emergency by dialing
911.
ORDER OF PROTECTION
An order of protection is an order of a court that prohibits
a person from specific contact with another person and can prohibit
a number of defined behaviors, including prohibiting a person from
appearing at a person's home or place of employment.
PERPETRATOR
The person who makes a threat or commits an act of violence.
THREATS
Criminal behavior, personal threats, physical contact and
stalking, domestic violence, including threats received at work or
at home arising out of an individual's status as a Town of Williamson
employee. Threats may be conveyed orally, physically, by telephone,
by mail or electronic mail, or through a third party.
TOWN ATTORNEY
A lawyer employed by the Town of Williamson to provide legal
advice to departments and staff.
VICTIM
The person who is threatened or toward whom an act(s) of
violence is directed.
WORKPLACE VIOLENCE
Any behavior that is violent, threatens violence, coerces,
harasses or intimidates others, interferes with an individual's
legal rights of movement or expression or disrupts the workplace.