[HISTORY: Adopted by the Board of Trustees of the Village of East Hills 5-21-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
Editor's Note: This local law was originally designated to be added as Ch. 44, but was renumbered to maintain the organization of the Code. It provided its purpose as follows: "The Incorporated Village of East Hills is committed to preventing workplace violence and to maintaining a safe work environment for all employees. Given the increasing violence in society in general, the Incorporated Village of East Hills has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur on its premises. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand the provisions of this policy."
As used in this chapter, the following terms shall have the meanings indicated:
- WORKPLACE VIOLENCE
- Workplace violence is 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.
The provisions of this chapter apply to all full-time and part-time, active employees who are covered by this policy.
The Incorporated Village of East Hills has a policy of zero tolerance for violence. If any employee engages in any violence in the workplace, or threaten violence in the workplace, the employee's employment will be terminated immediately for cause. No talk of violence or joking about violence will be tolerated.
The Incorporated Village of East Hills does not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of prohibited behavior, includes, but is not limited to:
Shoving, pushing, harassing, intimidating or coercing another person;
Causing physical injury to another person;
Making threatening remarks;
Disruptive behavior intended to disturb, interfere with or prevent normal work activities (such as yelling, using profanity, verbally abusing another or waving arms and fists);
Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress;
Intentionally damaging employer property or property of another employee;
Unauthorized possession of a weapon while on company property or while on company business;
Committing acts motivated by, or related to, sexual harassment or domestic violence.
Any person experiencing or witnessing imminent danger or actual violence involving weapons or personal injury should call 911 immediately.
All threats of (or actual) violence, both direct and indirect, should be reported as soon as possible to the immediate supervisor or department head. This includes threats by employees, as well as threats by vendors, solicitors, or other members of the public. When reporting a threat of violence, the employee should be as specific and detailed as possible.
All suspicious individuals or activities should also be reported as soon as possible to a supervisor. No employee should be placed in peril. If any employee sees or hears a commotion or disturbance near a workstation, the employee should not try to intercede or ascertain what is happening.
It is every employee's business to prevent violence in the workplace. Employees can help by reporting what is seen in the workplace that could indicate that a coworker is in trouble. Each employee is in a better position than management to know what is happening with other employees.
The Incorporated Village of East Hills will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the Village employee making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, the Village may suspend employees, either with or without pay, pending investigation.
The Incorporated Village of East Hills encourages employees to bring their disputes or differences with other employees to the attention of their supervisors before the situation escalates into potential violence. The Village is eager to assist in the resolution of employee disputes and will not discipline employees for raising such concerns.
While the Incorporated Village of East Hills does not expect employees to be skilled at identifying potentially dangerous persons, employees are expected to exercise good judgment and to inform their supervisor if any employee exhibits behavior which could be sign of a potentially dangerous situation. Dangerous or ominous behavior includes:
The Incorporated Village of East Hills will identify and maintain a list of employees who have been determined to be at risk for becoming victims of violence because of the nature of their job or because they are subject to harassment, violence, or threats from a nonemployee. The Village will design a plan regarding any at-risk employees to prepare for any possible emergency situations.
Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Except as specifically provided in § 48-3, any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination. Nonemployees engaged in violent acts on the employer's premises will be reported to the proper authorities and fully prosecuted.
As part of its commitment to preventing workplace violence, the Village will establish training programs for all employees. Employees will be also be scheduled for annual refresher training. This training is mandatory and attendance will be taken.