New York State Department of Labor
Division of Safety and Health
Workplace Violence Prevention Requirements For New York State Public Employers
What is the New York State Workplace Violence Prevention Law?
On June 7, 2006, New York State enacted legislation creating a new Section 27-b of State Labor Law that requires public
employers (other than schools covered under the school safety plan requirements of the education law) to perform a
workplace evaluation or risk evaluation at each worksite and to develop and implement programs to prevent and
minimize workplace violence caused by assaults and homicides. The Law is designed to ensure that the risk of
workplace assaults and homicides are regularly evaluated by public employers and that workplace violence protection
programs are implemented to prevent and minimize the hazard to public employees.
What is the effective date of the Law?
This Law was signed on June 7, 2006. An amendment to the Law was enacted on August 16, 2006, extending the
effective date of the Law 270 days from June 7th. As a result of this extender, the new effective date of the Law is March 4,
2007, which is the date public employers must comply with its provisions. The Department of Labor is required to
promulgate rules and regulations to implement the provision of this Law by July 2007. The Department will follow the
New York State Administrative Procedure Act (SAPA) in developing and promulgating such regulations which will ensure
that interested parties have ample opportunity to provide comments. That process is currently underway.
What public employers are covered by this Law?
According to the law, the term public employer includes the state, a political subdivision of the state, a public authority, a
public benefit corporation and any other governmental agency or instrumentality. Employers defined in Section 2801-A of
New York State Education Law are exempt from the provisions of the Workplace Violence Prevention Law since there is
existing law requiring them to develop and maintain “school safety plans”.
What is Workplace Violence?
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as "violent acts (including
physical assaults and threats of assaults) directed toward persons at work or on duty." Workplace violence is any
physical assault, threatening behavior or verbal abuse occurring in the work setting.
Workplace violence presents serious occupational safety hazards for workers and unique challenges for employers who
must prevent violence from occurring. During the last decade homicide was the third leading cause of death for all
workers and the leading cause of occupational death for female workers. A large number of these reported homicides
were related to robberies and police and public security functions. The majority of violent type incidents affecting
workplaces are cases of assaults, threats, domestic violence, forms of harassment and physical and/or emotional
abuse.
An employer conducted risk evaluation will help determine the possible dangers that employees may face from
workplace violence risks and assist the employer in the development of a suitable workplace violence prevention
program.
While workplace violence can occur in any workplace setting, typical examples of employment situations that may pose
higher risks include:
Duties that involve the exchange of money
Delivery of passengers, goods, or services
Duties that involve mobile workplace assignments
Working with unstable or volatile persons in health care, social service or criminal justice settings
Working alone or in small numbers
Working late at night or during early morning hours
Working in high-crime areas
Duties that involve guarding valuable property or possessions
Working in community-based settings
What are public employers required to do to comply with this Law?
The Law requires every public employer to perform a risk evaluation of their workplace to determine the presence of
factors or situations that might place employees at risk from occupational assaults and homicides, prepare a workplace
violence prevention program and inform and train employees on the requirements of the Law and the workplace risk
factors that were identified. Additionally, public employers with a combined total of 20 or more full-time permanent
employees shall develop and implement a written workplace violence prevention program and provide employee training
on workplace violence prevention measures and other information contained within the employers written program. Such
employers shall also inform employees of the location and availability of the written workplace violence prevention
program. Employee workplace violence training must be provided at the time of job assignment and annually thereafter.
The written workplace violence prevention program should be pro-active, capable of assessing potential threats before
they occur, and capable of responding to actual incidents immediately.
What is a Workplace Violence Prevention “Risk Evaluation”?
A risk evaluation is an employer’s inspection or examination of their workplace to determine if existing or potential
hazards exist that might place employees at risk of occupational assaults or homicides. The Law requires all public
employers to perform a risk evaluation of their workplace. Risk evaluation techniques should include, for example:
An examination of the history of past incidents to identify patterns or trends which occurred in your workplace;
A review of your occupational injury and illness logs (SH 900) and incident reports to identify injuries that my have
resulted from workplace violence incidents;
Surveying employees regarding details associated with the occurrence of workplace violence incidents;
Conducting physical workplace security building surveys.
How can employees protect themselves from workplace violence?
The employee’s best protection is knowledge and an understanding of the warning signs of potentially violent individuals
or situations. Employer training and education programs, as well as the implementation of clear zero tolerance
workplace violence policies, are effective methods of reducing the possibility that violence will affect your workplace. Also,
immediate reporting of any workplace violence incident to supervision or management and the police will help ensure
that prompt action is taken.
What should be included in the Workplace Violence Prevention Training Program?
While workplace violence prevention training for employees may be specific to the type of facility and duties performed,
there are certain essential topics that employers should address when conducting such training. These may include:
What is Workplace Violence
Managements’ commitment to Zero Tolerance of Workplace Violence
Techniques on how to recognize and avoid Workplace Violence situations
What are the high risk occupations
How to report a Workplace Violence incident
The importance of reporting all incidents
How and when incidents will be investigated by the employer
Where employees can go for assistance
What are the recordkeeping and reporting requirements for workplace violence incidents?
Currently, public employers are required to record and report workplace violence incidents in accordance with New York
State Labor Law, Section 27-a (Public Employer Safety and Health Act). NYCRR Part 801 of that Law, Recording and
Reporting Public Employees’ Occupational Injuries and Illnesses, specifies conditions for employer recordkeeping and
reporting requirements. Specifically, an employer is required to record an employee workplace violence injury if it results
in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid and loss of
consciousness. Additionally, employers should utilize accident and illness recordkeeping information to ensure that their
written workplace violence prevention plan is as effective as possible.
Employers are also required to report employee workplace violence related fatalities and multiple hospitalizations to the
Department’s Public Employee Safety and Health (PESH) Bureau within 8 hours of the incident. (Refer to NYCRR Part
801 for complete information pertaining to employee recordkeeping and PESH reporting requirements).
How will the Department of Labor respond to complaints of workplace violence hazards?
Workplace violence complaints received by the Department will be evaluated by the Division of Safety and Health using
the same criteria as that utilized by the PESH Program. Valid complaints may result in a worksite inspection to determine
if the employer has implemented the requirements of the Workplace Violence Prevention Act (conduct of a risk evaluation,
workplace violence prevention program and required employee training and for public employers with 20 or more
employees, the preparation of a written workplace violence prevention program and conduct of employee training, etc.).
In the event of an employee fatality or multiple employee hospitalizations resulting from a workplace violence incident, the
Department will conduct a worksite inspection using the same criteria as that of the PESH Program.
How can I contact the Department of Labor for compliance assistance help in meeting the provisions of the Workplace
Violence Prevention Law?
The Department’s Division of Safety and Health’s (DOSH) Compliance Assistance resources are available to assist you
in complying with the provisions of this Law. Contact the nearest DOSH District Office or visit our website:
http://www.labor.state.ny.us/workerprotection/safetyhealth/DOSH_INDEX.shtm
Albany (518) 457-5508 Rochester (585) 258-4570
Binghamton (607) 721-8211 Syracuse (315) 479-3212
Buffalo (716) 847-7133 Utica (315) 793-2258
Garden City (516) 228-3970 White Plains (914) 997-9514
New York City (212) 621-0773
Division of Safety and Health
Workplace Violence Prevention Requirements For New York State Public Employers
What is the New York State Workplace Violence Prevention Law?
On June 7, 2006, New York State enacted legislation creating a new Section 27-b of State Labor Law that requires public
employers (other than schools covered under the school safety plan requirements of the education law) to perform a
workplace evaluation or risk evaluation at each worksite and to develop and implement programs to prevent and
minimize workplace violence caused by assaults and homicides. The Law is designed to ensure that the risk of
workplace assaults and homicides are regularly evaluated by public employers and that workplace violence protection
programs are implemented to prevent and minimize the hazard to public employees.
What is the effective date of the Law?
This Law was signed on June 7, 2006. An amendment to the Law was enacted on August 16, 2006, extending the
effective date of the Law 270 days from June 7th. As a result of this extender, the new effective date of the Law is March 4,
2007, which is the date public employers must comply with its provisions. The Department of Labor is required to
promulgate rules and regulations to implement the provision of this Law by July 2007. The Department will follow the
New York State Administrative Procedure Act (SAPA) in developing and promulgating such regulations which will ensure
that interested parties have ample opportunity to provide comments. That process is currently underway.
What public employers are covered by this Law?
According to the law, the term public employer includes the state, a political subdivision of the state, a public authority, a
public benefit corporation and any other governmental agency or instrumentality. Employers defined in Section 2801-A of
New York State Education Law are exempt from the provisions of the Workplace Violence Prevention Law since there is
existing law requiring them to develop and maintain “school safety plans”.
What is Workplace Violence?
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as "violent acts (including
physical assaults and threats of assaults) directed toward persons at work or on duty." Workplace violence is any
physical assault, threatening behavior or verbal abuse occurring in the work setting.
Workplace violence presents serious occupational safety hazards for workers and unique challenges for employers who
must prevent violence from occurring. During the last decade homicide was the third leading cause of death for all
workers and the leading cause of occupational death for female workers. A large number of these reported homicides
were related to robberies and police and public security functions. The majority of violent type incidents affecting
workplaces are cases of assaults, threats, domestic violence, forms of harassment and physical and/or emotional
abuse.
An employer conducted risk evaluation will help determine the possible dangers that employees may face from
workplace violence risks and assist the employer in the development of a suitable workplace violence prevention
program.
While workplace violence can occur in any workplace setting, typical examples of employment situations that may pose
higher risks include:
Duties that involve the exchange of money
Delivery of passengers, goods, or services
Duties that involve mobile workplace assignments
Working with unstable or volatile persons in health care, social service or criminal justice settings
Working alone or in small numbers
Working late at night or during early morning hours
Working in high-crime areas
Duties that involve guarding valuable property or possessions
Working in community-based settings
What are public employers required to do to comply with this Law?
The Law requires every public employer to perform a risk evaluation of their workplace to determine the presence of
factors or situations that might place employees at risk from occupational assaults and homicides, prepare a workplace
violence prevention program and inform and train employees on the requirements of the Law and the workplace risk
factors that were identified. Additionally, public employers with a combined total of 20 or more full-time permanent
employees shall develop and implement a written workplace violence prevention program and provide employee training
on workplace violence prevention measures and other information contained within the employers written program. Such
employers shall also inform employees of the location and availability of the written workplace violence prevention
program. Employee workplace violence training must be provided at the time of job assignment and annually thereafter.
The written workplace violence prevention program should be pro-active, capable of assessing potential threats before
they occur, and capable of responding to actual incidents immediately.
What is a Workplace Violence Prevention “Risk Evaluation”?
A risk evaluation is an employer’s inspection or examination of their workplace to determine if existing or potential
hazards exist that might place employees at risk of occupational assaults or homicides. The Law requires all public
employers to perform a risk evaluation of their workplace. Risk evaluation techniques should include, for example:
An examination of the history of past incidents to identify patterns or trends which occurred in your workplace;
A review of your occupational injury and illness logs (SH 900) and incident reports to identify injuries that my have
resulted from workplace violence incidents;
Surveying employees regarding details associated with the occurrence of workplace violence incidents;
Conducting physical workplace security building surveys.
How can employees protect themselves from workplace violence?
The employee’s best protection is knowledge and an understanding of the warning signs of potentially violent individuals
or situations. Employer training and education programs, as well as the implementation of clear zero tolerance
workplace violence policies, are effective methods of reducing the possibility that violence will affect your workplace. Also,
immediate reporting of any workplace violence incident to supervision or management and the police will help ensure
that prompt action is taken.
What should be included in the Workplace Violence Prevention Training Program?
While workplace violence prevention training for employees may be specific to the type of facility and duties performed,
there are certain essential topics that employers should address when conducting such training. These may include:
What is Workplace Violence
Managements’ commitment to Zero Tolerance of Workplace Violence
Techniques on how to recognize and avoid Workplace Violence situations
What are the high risk occupations
How to report a Workplace Violence incident
The importance of reporting all incidents
How and when incidents will be investigated by the employer
Where employees can go for assistance
What are the recordkeeping and reporting requirements for workplace violence incidents?
Currently, public employers are required to record and report workplace violence incidents in accordance with New York
State Labor Law, Section 27-a (Public Employer Safety and Health Act). NYCRR Part 801 of that Law, Recording and
Reporting Public Employees’ Occupational Injuries and Illnesses, specifies conditions for employer recordkeeping and
reporting requirements. Specifically, an employer is required to record an employee workplace violence injury if it results
in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid and loss of
consciousness. Additionally, employers should utilize accident and illness recordkeeping information to ensure that their
written workplace violence prevention plan is as effective as possible.
Employers are also required to report employee workplace violence related fatalities and multiple hospitalizations to the
Department’s Public Employee Safety and Health (PESH) Bureau within 8 hours of the incident. (Refer to NYCRR Part
801 for complete information pertaining to employee recordkeeping and PESH reporting requirements).
How will the Department of Labor respond to complaints of workplace violence hazards?
Workplace violence complaints received by the Department will be evaluated by the Division of Safety and Health using
the same criteria as that utilized by the PESH Program. Valid complaints may result in a worksite inspection to determine
if the employer has implemented the requirements of the Workplace Violence Prevention Act (conduct of a risk evaluation,
workplace violence prevention program and required employee training and for public employers with 20 or more
employees, the preparation of a written workplace violence prevention program and conduct of employee training, etc.).
In the event of an employee fatality or multiple employee hospitalizations resulting from a workplace violence incident, the
Department will conduct a worksite inspection using the same criteria as that of the PESH Program.
How can I contact the Department of Labor for compliance assistance help in meeting the provisions of the Workplace
Violence Prevention Law?
The Department’s Division of Safety and Health’s (DOSH) Compliance Assistance resources are available to assist you
in complying with the provisions of this Law. Contact the nearest DOSH District Office or visit our website:
http://www.labor.state.ny.us/workerprotection/safetyhealth/DOSH_INDEX.shtm
Albany (518) 457-5508 Rochester (585) 258-4570
Binghamton (607) 721-8211 Syracuse (315) 479-3212
Buffalo (716) 847-7133 Utica (315) 793-2258
Garden City (516) 228-3970 White Plains (914) 997-9514
New York City (212) 621-0773
The following information came from the NYS Department of Labor
website on Workplace Violence. The legislation has not been fully
implemented by NYS agencies as of 12/12/07. NYSDOCS is working
with the unions to review a draft directive prior to starting the
program. NYSDOCS employees will be notified when the Workplace
Violence program is started. Jim Lyons, PEF Division 229
website on Workplace Violence. The legislation has not been fully
implemented by NYS agencies as of 12/12/07. NYSDOCS is working
with the unions to review a draft directive prior to starting the
program. NYSDOCS employees will be notified when the Workplace
Violence program is started. Jim Lyons, PEF Division 229
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