[Adopted 8-10-2009 by Ord. No. 7-2009; amended in its entirety 12-10-2012 by Ord. No. 10-2012]
A.
The City of Newburgh is committed to the safety and security of our
employees. Workplace violence presents a serious occupational safety
hazard to our agency, staff and clients. Threats, threatening behavior
or acts of violence against employees, visitors, guests or other individuals
by anyone on the City of Newburgh property or work sites will be thoroughly
investigated, and appropriate action will be taken, including summoning
criminal justice authorities when warranted. All employees are responsible
for helping to create an environment of mutual respect for each other
as well as clients, following all policies, procedures and program
requirements, and for assisting in maintaining a safe and secure work
environment.
B.
This policy is designed to meet the requirements of New York State
Labor Law § 27-b and highlights some of the elements that
are found within our workplace violence prevention program. The process
involved in complying with this law included a workplace evaluation
in conjunction with employee unions that was designed to identify
the workplace violence hazards our employees could be exposed to.
Other tools that were utilized during this process include establishing
a committee made up of management and authorized employee representatives
who will have an ongoing role of participation in the evaluation process,
recommending methods to reduce or eliminate the hazards identified
during the process and investigating workplace violence incidents
or allegations. All employees will participate in the annual workplace
violence prevention training program.
C.
The goal of this policy is to promote the safety and well-being of
all people in our workplace. All incidents of violence or threatening
behavior will be responded to immediately upon notification. The City
of Newburgh has identified response personnel that include a member
of management and an employee representative. If appropriate, the
City of Newburgh will provide counseling services or referrals for
employees.
D.
All City of Newburgh personnel are responsible for notifying the
contact person designated below of any violent incidents, or threatening
behavior, including threats they have witnessed, received or have
been told that another person has witnessed or received:
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Designated Contact Person
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|---|---|---|
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Title:
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City Manager
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Department:
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Executive Office
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Phone:
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845-569-7301
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Location:
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City Hall, 83 Broadway, Newburgh, NY
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As used in this article, the following terms shall have the
meanings indicated:
The City of Newburgh of the State of New York, unless otherwise
specified.
An officer, official, employee, agent, contractor or volunteer
working for the City of Newburgh.
Any location away from an employee's domicile, permanent
or temporary, where an employee performs any work-related duty in
the course of his or her employment by the City of Newburgh.
Any person within the City's organization who has the
authority to direct and control the work performance of an employee,
or who has the authority to take corrective action regarding the violation
of a law, rule, regulation or policy as to which an employee submits
written notice; and includes department heads, acting department heads,
deputy department heads and their designees.
The Discharge, suspension, demotion, penalization, or discrimination
against any employee or other adverse employment action taken against
an employee under the terms and conditions of employment.
Any physical assault, acts of aggressive behavior including
but not limited to verbal threats, displays of force, stalking or
other threatening behavior that reasonably rises to the level of perception
of potential violence occurring in the workplace, including with or
without the use of any means, weapon or instrumentality.
A.
THREATENING or NONEMERGENCY — A person, through intimidating
words or gestures, has induced fear and apprehension of physical or
other harm in another person but there is no immediate danger of such
harm being inflicted.
B.
EMERGENCY — A situation where an injury has occurred or there
is an immediate threat of physical harm.
The following activities are prohibited by City employees, and
engaging in such activities is considered misconduct subject to disciplinary
action up to and including termination, consistent with City policies,
rules, regulations and collective bargaining agreements:
A.
Verbal or physical conduct that demonstrates explicit or implicit
ridicule, mockery, derision or belittlement of any person.
B.
Any offensive or derogatory remarks based on race, color, sex, age,
religion, sexual orientation or preference or national origin, either
directly or indirectly, to another person. Such harassment is a prohibited
form of discrimination under state and federal employment law.
C.
Any verbal or physical conduct that has the purpose or effect of
substantially interfering with the employee's ability to do his
or her job.
D.
Any verbal or physical conduct that has the purpose or effect of
creating an intimidating, hostile or offensive working environment.
E.
Intentional physical contact for the purpose of causing harm, such
as, but not limited to, slamming, stabbing, punching, striking, shoving
or other physical attack.
F.
Menacing or threatening behavior, such as, but not limited to, throwing
objects, pounding on a desk or door, damaging property, stalking or
otherwise acting aggressively, or making oral or written statements
specifically intended to frighten, coerce or threaten, where a reasonable
person would interpret such behavior as constituting evidence of intent
to cause harm to individuals or property.
G.
Possession of firearms, imitation firearms, knives or other dangerous
weapons, including but not limited to chemical/biological weapons,
instruments or materials, except as permitted by law, rule or regulation.
A.
The following are risk factors, locations and applicability in the
City of Newburgh:
(1)
Working in public settings: applies to all City locations and personnel.
(2)
Working late night or early morning hours: applies to personnel in
City Hall, Department of Water, Department of Public Works, Recreation
Department, Fire Department and Police Department.
(3)
Exchanging money with the public or transporting cash, checks or
other portable items of value: applies to personnel in City Hall,
Code Compliance Bureau, Recreation Department, Department of Public
Works, Water Department and Police Department.
(4)
Working alone or in small groups: applies to personnel in City Hall,
Recreation Department, Department of Public Works, Department of Water,
Code Compliance Bureau, Fire Department and Police Department.
(5)
Uncontrolled access to the workplace: applies to personnel in City
Hall, Recreation Department, Department of Public Works, Department
of Water, Code Compliance Bureau and Fire Department.
B.
Methods of risk evaluation, hazard prevention and control.
(1)
The department head of every City department, along with an authorized
employee representative from each union at each work location, shall
evaluate its workplace or workplaces to determine the presence of
factors or situations in such workplace or workplaces that might place
employees at risk of workplace violence.
(2)
The City of Newburgh shall make high-risk areas more visible, install
additional lighting where needed, post signs where necessary, secure
cash on hand with proper devices, provide annual training to employees
and maintain an appropriate response system.
(3)
The City of Newburgh shall periodically review employee security
surveys, including surveys completed by authorized employee representatives,
self-assessments, City Police Department and risk management consultant
recommendations and other lessons learned from other entities to effectuate
changes which will make the City's work areas and personnel as
safe as possible.
A.
Reporting workplace violence.
(1)
All incidents of workplace violence, threats of workplace violence
or observations of workplace violence shall be reported promptly in
written form.
(a)
Employees assigned to City Hall, the Department of Water, the
Department of Public Works, the Recreation Department and the Fire
Department, including the Code Compliance Bureau, shall report threatening
or nonemergency incidents to their department heads. The employees
may report threatening or nonemergency incidents involving their department
head directly to the City Manager.
(b)
Police Department employees shall report threatening or nonemergency
incidents to the shift supervisor, unless the shift supervisor is
involved in the incident, in which case the report shall be made directly
to the Police Chief.
(c)
Elected officials and department heads shall report threatening
or nonemergency incidents directly to the City Manager.
(d)
All employees, including department heads and elected officials,
shall report emergency incidents by calling 911, the City Police Department
or other law enforcement agency immediately.
(2)
Employees who make false and/or malicious complaints of workplace
violence will be subject to disciplinary action up to and including
termination, consistent with City policies, rules, regulations, collective
bargaining agreements and/or referral to law enforcement agencies
as appropriate.
(3)
Complaint procedures.
(a)
Any employee or representative(s) of employees who believe that
a violation of a workplace violence protection program exists or that
an imminent danger of workplace violence exists shall bring such matter
to the attention of a department head in the form of a written notice
and shall afford the department head a prompt and reasonable opportunity
to address such risk or violation or to correct such activity, policy
or practice.
(b)
If, following a referral of such matter to the department head
and after a reasonable opportunity to address or correct such risk,
activity, policy or practice, the condition, circumstance or matter
has not been resolved and the employee or representative(s) of employees
still believe that a violation of this workplace violence prevention
program remains, or that an imminent danger exists, such employee
or representative(s) of employees may request an investigation or
inspection by giving notice to the City Manager of such violation
or danger. Such notice and request shall be in writing, set forth
with reasonable particularity the grounds for the notice and be signed
by such employee or representative(s) of employees. Such investigation
and/or inspection shall be made promptly and proportionately in time
and manner to the degree and/or extent of the risk, condition, circumstance,
activity, policy or practice reported.
(c)
The City Manager or the City Manager's designee shall conduct
an investigation and/or conduct an inspection for the purpose of evaluating
the facts and circumstances and assessing the risks reported in such
notice. The City Manager or City Manager's designee shall prepare
a written report of the findings of the investigation and/or inspection.
(d)
A file of workplace violence complaints and investigative reports
shall be maintained in a secure location in the City Manager's
office.
(e)
No department head or supervisor shall take retaliatory action
against any employee because the employee submits a complaint of workplace
violence or assists, testifies or participates in the investigation
of such complaint.
(f)
This policy does not preclude any employee from filing a complaint
with an outside agency or a grievance under the applicable collective
bargaining agreement.
B.
Responsibilities of department heads.
(1)
Each department head is responsible for the implementation of this
policy within his/her department.
(2)
Department heads must report any complaints of workplace violence
of which he/she becomes aware or reasonably believes to exist to the
City Manager.
(3)
Department heads must call 911 or the City Police Department immediately
in the event of imminent or actual violence involving weapons and
potential physical injuries.
C.
Responsibilities of employees.
(1)
Employees must report workplace violence, as defined in this article,
to their department head. Employees who are advised that a workplace
violence incident has occurred or has been observed must report this
to their department head. Recurring or persistent workplace violence
that an employee reasonably believes is not being addressed satisfactorily
or violence that is or has been engaged in by the employee's
department head should be brought to the attention of the City Manager.
(2)
Employees who have obtained orders of protection are expected to
notify their department head and provide a list of locations that
are designated as protected areas. Employees who are victims of domestic
violence and believe the violence may extend to the workplace are
encouraged to notify their department heads. Confidentiality will
be maintained to the fullest extent possible.
(3)
Upon hiring, employees will have copies of this policy made available
to them; and annually thereafter, employees will participate in training.
(4)
Each employee is responsible for assisting in the prevention of workplace
violence by refraining from participating in, or encouraging, actions
that could be perceived as workplace violence; reporting acts of workplace
violence to their department heads; and encouraging any employee who
confides that he or she is being subjected to workplace violence to
report these acts to a supervisor.
(5)
Failure to take action to stop known workplace violence shall be
grounds for discipline in accordance with applicable laws, rules,
regulations and collective bargaining agreements.
A.
The City shall make the written workplace violence prevention policy
available to its employees, their designated representatives and to
the head of every department.
B.
The City shall provide its employees with training on the risks of
workplace violence in their workplace or workplaces annually.
Nothing in this article shall be deemed to alter, amend or negate
any general order, procedure, operation, rule, practice or other directive
applicable to the carrying out of the duties of any police officer,
firefighter or other law enforcement officer or emergency response
officer.
