[HISTORY: Adopted by the Town Board of the Town of Esopus 6-17-2010. Amendments
noted where applicable.]
The employer known as the "Town of Esopus" has a commitment
to promoting the safety and well-being of all people in our workplace
and providing an environment that is free from physical violence,
threats and intimidation. The purpose of this policy is to prevent
workplace violence from occurring to the fullest extent possible and
to set forth procedures to follow when such violence has occurred.
The Town of Esopus will not tolerate workplace violence of any
type, from any source. This includes, but is not limited to, threats
of violence, intimidation, disruptive behavior, physical attack or
damage to Town property. All employees, members of the public, vendors,
contractors, consultants, and others who do business with the Town
of Esopus, whether in a Town facility or off-site location where Town
business is conducted, are covered by this policy.
As used in this chapter, the following terms shall have the
meanings indicated:
For the purpose of this policy, persons receiving a payroll
check, contractors or volunteers.
The degree of knowledge sufficient to induce an ordinarily
prudent and cautious person to believe that the circumstances presented
are more likely to be true than not. Reasonable suspicion must be
based on a specific or objective basis and may include direct observation,
or information received from a source believed to be reliable.
Prohibited acts include, but are not limited to, threats, intimidation,
physical attack or property damage:
THREATSThe expression of intent to cause physical or mental harm or damage. Such an expression constitutes a threat without regard to whether the person communicating the threat has the ability to carry it out, and without regard to whether the threat is made on a present, conditional, or future basis. In determining whether the conduct constitutes a threat, including whether the action causes a reasonable apprehension of harm, the Town will consider the totality of the circumstances.
PHYSICAL ATTACKWithout limitation, unwanted or hostile physical contact such as hitting, pushing, kicking, shoving, throwing of objects or fighting.
INTIMIDATIONIncludes but is not limited to acts of aggression, stalking or engaging in actions, whether verbal or physical, which frighten or coerce.
PROPERTY DAMAGEIntentional or reckless damage to, or destruction of, property owned by the Town, Town personnel, contact and temporary employees, volunteers, customers and anyone else on Town property.
Other examples of violence include, but are not limited to:
Distributing hate literature or engaging in other communications
that advocate violence.
Any behavior that would qualify under the Town's Harassment
Policy, including but not limited to threatening phone calls, e-mails,
letters, stalking and/or suggestions or intimation of violence.
Being in possession of weapons with the intent to cause bodily
injury, or damage to property on Town property.
Includes a device, instrument, material or substance which
is used with the intent to cause death or bodily injury or damage
to property. Weapons include, but are not limited to a rifle or shotgun,
a handgun or pistol, a switchblade knife or any other type of knife,
or brass knuckles or any other implement for infliction of bodily
injury, damage to property, or death.
Any location away from the employee's domicile, permanent
or temporary, when an employee performs any work-related duty in the
course of his or her employment by an employer, and includes all real
property owned or occupied by the Town or Town vehicles and personal
vehicles when performing Town business off Town property.
A.
All Town personnel are responsible for notifying the contact person
designated below of any threats or violence that they witness or receive
or that they are told another person witnessed or received. Even without
specific threat, all employees should report any behavior they have
witnessed that they regard potentially threatening or violent or which
could endanger the health or safety of an employee. Employees are
responsible for making this report regardless of the relationship
between the individual who initiated the threatening behavior and
the person or persons being threatened. All incidents should be promptly
reported to the employee's department head, supervisor or Town
Supervisor, and should be reported by filing a Workplace Violence
Incident Report form,[1] a sample of which is attached.
[1]
Editor's Note: The Workplace Violence Incident Report form is included at the end of this chapter.
B.
Any person experiencing or witnessing imminent danger of actual violence
involving weapons or personal injury should call 911.
Employees who make false and malicious complaints of workplace
violence, as opposed to complaints which, even if erroneous, are made
in good faith, will be subject to disciplinary action and/or referral
to civil authorities as deemed appropriate by Civil Service Law.
A.
Employees who have obtained Orders of protection that lists Town
properties as protected areas must provide to the designated contact
person listed below a copy of any temporary or permanent protective
or restraining order that was granted.
B.
Victims of domestic violence who believe the violence may extend
into the workplace, or employees who believe that domestic or other
personal matters may result in their being subject to violence extending
into the workplace, are encouraged to notify their supervisor.
The Town shall maintain the confidentiality of investigations
of workplace violence to the extent possible. The Town will act on
the basis of anonymous complaints where it has a reasonable basis
to believe that there has been a violation of the policy and that
the safety and well-being of employees of the Town would be served
by such action.
A.
In the event a complaint or concern arises with regard to compliance
with this policy, the Town will promptly conduct an investigation
to determine the validity of the complaint and what, if any, corrective
action should be taken to resolve the matter.
B.
Depending on the seriousness of the allegation(s) and other factors
that the Town deems relevant, such as security concerns or potential
disruptions, any person who makes threats or engages in violent behavior
on Town property shall be removed from the premises as quickly as
safety permits and shall remain off Town premises pending the outcome
of an investigation.
C.
Following an investigation which indicates this policy was violated,
the Town will initiate an immediate and appropriate response. The
response may include but not be limited to suspension and/or termination
of any business relationship, reassignment of job duties, suspension
with or without pay, termination of employment, and/or criminal prosecution
of the person involved. Other corrective action may include coaching,
mediation, group training or counseling.
Retaliation 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.
All department heads and supervisors shall ensure that employees
of their particular department are informed of the requirements of
the law, the risk factors in their workplace and the location of the
written workplace violence prevention program. Training is also required
for employees on the measures employees can take to protect themselves
from risks and the details of the written workplace violence prevention
program. Employee workplace violence training is to be provided at
the time of job assignment and annually thereafter.
The Town at its discretion may modify this policy. In the event
the policy is revised, a copy of the revised policy will be provided
to each employee.
|
Name:
| |
|
Title:
| |
|
Department:
| |
|
Phone:
| |
|
Location:
|
Town of Esopus Town Hall
284 Broadway
PO Box 700
Port Ewen, New York 12466
|
