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:
EMPLOYEE
For the purpose of this policy, persons receiving a payroll
check, contractors or volunteers.
REASONABLE SUSPICION
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.
VIOLENCE and THREATS
A.
Prohibited acts include, but are not limited to, threats, intimidation,
physical attack or property damage:
(1)
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.
(2)
PHYSICAL ATTACKWithout limitation, unwanted or hostile physical contact such as hitting, pushing, kicking, shoving, throwing of objects or fighting.
(3)
INTIMIDATIONIncludes but is not limited to acts of aggression, stalking or engaging in actions, whether verbal or physical, which frighten or coerce.
(4)
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.
B.
Other examples of violence include, but are not limited to:
(1)
Distributing hate literature or engaging in other communications
that advocate violence.
(2)
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.
(3)
Being in possession of weapons with the intent to cause bodily
injury, or damage to property on Town property.
WEAPON
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.
WORKSITE/WORKPLACE
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.
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.
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.
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.