[Adopted 4-1-2013]
The Village of Sea Cliff, Nassau County, New York is committed
to preventing workplace violence and to promoting and maintaining
a safe and secure work environment for all employees. The purpose
of this policy is to address the issue of potential workplace violence
in the Village, to help prevent workplace violence from occurring
to the fullest extent possible, and to set forth procedures to be
followed when such violence has occurred. Given the increasing violence
in society in general, the Village of Sea Cliff has adopted the following
guidelines to deal with intimidation, harassment, or other threats
of violence, 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 article, the following terms shall have the
meanings indicated:
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 work
environment, or the Village's ability to provide services to the public.
A.
All full-time
and part-time active employees of the Village of Sea Cliff are covered
by this policy.
B.
All employees
of the Village of Sea Cliff are expected to maintain a working environment
free from violence, threats of harassment, intimidation or coercion.
C.
All members
of the public, vendors, contractors, consultants, and others who do
business with the Village of Sea Cliff, whether at a Village facility
or at an off-site location where Village business is conducted, are
covered by this policy.
D.
This
policy also applies to other persons not affiliated with the Village,
such as former employees, and visitors.
The Village of Sea Cliff has a policy of zero tolerance for
violence. Employees who engage in any violence in the workplace, or
threaten violence in the workplace, may be removed from Village property
and are subject to disciplinary action, up to and including the immediate
termination of employment for cause. No talk of violence or joking
about violence will be tolerated.
A.
The Village
of Sea Cliff does not tolerate any type of workplace violence committed
by or against employees. Violence, threats of violence, intimidation,
harassment, coercion, or other threatening behavior towards people
or property will not be tolerated. Employees are prohibited from making
threats or engaging in violent activities.
B.
The following
list of behaviors, while not inclusive, provides examples of conduct
that is prohibited:
(1)
Intentional
physical contact for the purpose of causing harm such as slapping,
stabbing, punching, striking, shoving, pushing, or other physical
attack.
(2)
Causing
physical injury to another person.
(3)
Making
oral or written statements specifically intended to frighten, coerce,
or threaten another person where a reasonable person would interpret
such behavior as constituting evidence of intent to cause harm to
individuals or property.
(4)
Menacing,
threatening, or other disruptive behavior intended to disturb, interfere
with or prevent normal work activities such as harassment, intimidation,
yelling, using profanity, verbally abusing another person, waving
arms and fists, throwing objects, pounding on a desk or door, damaging
property, or stalking.
(5)
Aggressive
or hostile behavior that creates a reasonable fear of injury to another
person or subjects another individual to emotional distress.
(6)
Intentionally
damaging Village property or property of another employee.
(7)
Unauthorized
possession of a weapon while on Village property or while on Village
business.
(8)
Committing
acts motivated by, or related to, sexual harassment or domestic violence.
A.
Any person
experiencing or witnessing imminent danger or actual violence involving
weapons or personal injury should call 911 immediately.
B.
All threats
of violence, or actual violence, both direct and indirect, should
be reported as soon as possible to the employee’s 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.
C.
Employees
are encouraged to report behavior that they reasonably believe poses
a potential for workplace violence. All suspicious individuals or
activities should also be reported as soon as possible to a supervisor.
Employees should not place themselves in peril. If an employee sees
or hears a commotion or disturbance near his or her workstation, the
employee should not try to intercede or see what is happening.
D.
It is
everyone's business to prevent violence in the workplace. Employees
can help by reporting what they see in the workplace that could indicate
that a co-worker is in trouble. Employees are in a better position
than management to know what is happening with those they work with.
E.
Complaints
involving workplace violence will not be ignored and will be given
the serious attention they deserve. The Village will promptly and
thoroughly investigate all reports of threats of violence, 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.
F.
When
employees have complaints about other employees, they should contact
their supervisor immediately. The Village 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.
G.
Employees
of the Village 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 appropriate.
A.
Individual
situations. While the Village 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 a sign of a potentially dangerous
situation. Examples of such behavior include:
B.
Employees
at risk.
(1)
The
Human Resource Department or Safety Coordinator 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 with at-risk employees
to prepare for any possible emergency situations.
(2)
The
Village, at the request of an employee, or at its own discretion,
may prohibit members of the public, including family members, from
seeing an employee on Village property unless necessary to transact
Village-related business. This policy particularly applies in cases
where the employee suspects that an act of violence will result from
an encounter with said individual(s).
(3)
Employees
who have obtained orders of protection should notify their supervisors
and the Safety Coordinator of any orders that list Village locations
as protected areas.
(4)
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 or the Safety
Coordinator. Confidentiality will be maintained to the extent possible.
Threats, threatening conduct, or any other acts of aggression
or violence in the workplace will not be tolerated. 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 Village premises will be reported to the proper authorities and
fully prosecuted.
A.
Mayor.
The Mayor shall be responsible for the implementation of this policy.
The responsibility includes dissemination of this policy to all Village
employees, ensuring appropriate investigation and follow-up of all
alleged incidents of workplace violence, and ensuring that all administrators
and supervisors are aware of their responsibilities under this policy
through internal communications and training.
B.
Safety
Coordinator. The Safety Coordinator is responsible for the following
actions and procedures:
(1)
Respond
to, intervene in, and document all incidents of violence in the workplace;
(2)
Maintain
an internal tracking system of all threats and incidents of violence;
(3)
Assist
the law enforcement agency and supervisors in responding to workplace
violence;
(4)
Facilitate
appropriate responses to reported incidents of workplace violence;
(5)
Notify
the law enforcement agency of workplace violence incidents reported
to that office;
(6)
Consult
with, as necessary, counseling services to secure professional intervention;
(7)
Provide
new employees with a copy of the Workplace Violence Prevention Policy
and Procedures;
(8)
Insure
that employees receive appropriate training;
(9)
Disseminate
this policy annually to all employees.
C.
Supervisor/department
head. Each department head or other person with supervisory responsibility
(hereinafter "supervisor") shall have the following responsibilities
within his or her area of jurisdiction for the implementation of this
policy:
(1)
Report
any complaint of workplace violence made to him or her and any other
incidents of workplace violence of which he or she becomes aware or
reasonably believes to exist to the Safety Coordinator;
(2)
Inform
their immediate supervisor promptly about any complaints, acts, or
threats of violence even if the situation has been addressed and resolved;
(3)
After
having reported such complaint or incident to the Safety Coordinator
and immediate supervisor, keep it confidential and not disclose it
further, except as necessary during the investigation process and/or
subsequent proceedings;
(4)
Contact
the law enforcement agency immediately in the event of imminent or
actual violence involving weapons or potential physical injuries.
A.
As part
of its commitment to preventing workplace violence, the Village has
established training programs for all employees. Training will be
included as part of the orientation for all employees. Thereafter,
employees will be scheduled for annual refresher training. This training
is mandatory and attendance will be taken.
B.
Upon
hiring, and annually thereafter, employees will receive copies of
this policy. Additionally, the policy will be posted in the Village
Hall and placed on the Village's website, as appropriate.
A.
The Village
provides an employee assistance program (EAP) for all full-time and
part-time employees. This EAP offers services to these employees and
their eligible dependents. While the Village receives periodic reports
on the number and types of visits or calls made to the EAP, the Village
does not receive information about individual contacts with the EAP.
B.
All employees
are encouraged to use the EAP whenever they feel the need for guidance
in coping with life's difficulties. If an employee has difficulty
handling drugs or alcohol, the EAP can provide information on treatment.
The EAP is a confidential service to be used when an employee needs
help.
A.
The Village
has created a violence prevention team to create and implement the
Workplace Violence Prevention Program. The team will also handle the
consequences of any incidents of violence that occur, providing assistance
to employees and information to the media. The team will take the
steps necessary to continue or resume business. The Village believes
that a multidisciplinary approach is best suited to handle workplace
violence problems.
B.
If an
employee has suggestions for ways to improve the safety and security
at work, he or she should pass them along to his or her supervisor
or leave a suggestion in any one of their mailboxes.
A.
In the
event of a major workplace incident that affects, or has the potential
to affect, the mental health of the Village workplace, the Village
will provide initial counseling and support services to all Village
employees and their immediate family members who request such counseling
and support services.
B.
As the
crisis passes and support systems are put into place for individuals
affected by the incident, the Village will make every effort to return
to normal business operations. A reasonable effort will be made to
notify employees and others who need to know of the status of business
operations directly whenever possible. In cases where direct contact
is not possible or practical, an effort will be made to communicate
through the Village website, news media and other available resources.
The Village of Sea Cliff shall maintain the confidentiality
of investigations of workplace violence to the extent possible. The
Village will act on the basis of anonymous complaints where it has
a reasonable basis to believe that there has been a violation of this
policy and that the safety and well being of employees of the Village
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.
