Bill Text: NY A08934 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires training to reduce abusive conduct and bullying in the workplace as part of a written workplace violence prevention program.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced) 2024-06-03 - substituted by s3065b [A08934 Detail]

Download: New_York-2023-A08934-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8934--A

                   IN ASSEMBLY

                                    January 30, 2024
                                       ___________

        Introduced  by  M. of A. BRONSON, SHIMSKY, LUNSFORD, RAGA, STECK, SANTA-
          BARBARA, SIMON, ARDILA, ZINERMAN, GLICK, DAVILA, PHEFFER AMATO, REYES,
          ALVAREZ, JENSEN -- read once and referred to the Committee on Labor --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend  the  labor law, in relation to requiring training to
          reduce abusive conduct and bullying in the workplace

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivisions 3, 4, and 5 of section 27-b of the labor law,
     2  as added by chapter 82 of the laws of  2006,  are  amended  to  read  as
     3  follows:
     4    3.  Risk  evaluation  and determination. Every employer shall evaluate
     5  its workplace or workplaces to determine  the  presence  of  factors  or
     6  situations in such workplace or workplaces that might place employees at
     7  risk  of  occupational  assaults and homicides. Examples of such factors
     8  shall include, but not be limited to:
     9    a. working in public settings (e.g., social services or other  govern-
    10  mental  workers,  police officers, firefighters, teachers, public trans-
    11  portation drivers, health care workers, and service workers);
    12    b. working late night or early morning hours;
    13    c. exchanging money with the public;
    14    d. working alone or in small numbers;
    15    e. abusive conduct and bullying in the workplace;
    16    f. uncontrolled access to the workplace; and
    17    [f.] g. areas of previous security problems.
    18    4. Written workplace violence prevention program. Every employer  with
    19  at  least  twenty full time permanent employees shall develop and imple-
    20  ment a written workplace violence prevention program for  its  workplace
    21  or workplaces that includes the following:
    22    a.  a list of the risk factors identified in subdivision three of this
    23  section that are present in such workplace or workplaces;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04456-13-4
        A. 8934--A                          2

     1    b. the methods the employer will use to prevent incidents  of  occupa-
     2  tional assaults and homicides at such workplace or workplaces, including
     3  but not limited to the following:
     4    (1) making high-risk areas more visible to more people;
     5    (2) installing good external lighting;
     6    (3) using drop safes or other methods to minimize cash on hand;
     7    (4) posting signs stating that limited cash is on hand;
     8    (5)  providing training in conflict resolution and nonviolent self-de-
     9  fense responses; and
    10    (6) establishing and implementing reporting systems for  incidents  of
    11  aggressive behavior, abusive conduct, and bullying.
    12    5.  Employee information and training. a. Every employer with at least
    13  twenty permanent full time employees shall make  the  written  workplace
    14  violence  prevention  program available, upon request, to its employees,
    15  their designated representatives and the department.
    16    b. Every employer shall provide its  employees  with  [the  following]
    17  information  and training on preventing and reporting workplace bullying
    18  and abusive conduct and the risks of occupational assaults and homicides
    19  in their workplace or workplaces at the time of their initial assignment
    20  and annually thereafter:
    21    (1) employees shall be informed of the requirements of  this  section,
    22  the  risk factors in their workplace or workplaces, and the location and
    23  availability  of  the  written  workplace  violence  prevention  program
    24  required by this section; and
    25    (2)  employee training shall include at least: (a) how how to identify
    26  and report workplace bullying  and  abusive  conduct  and  the  measures
    27  employees  can  take  to  protect  themselves from such risks, including
    28  specific procedures the employer has implemented to  protect  employees,
    29  such as appropriate work practices, emergency procedures, use of securi-
    30  ty  alarms  and  other devices, and (b) the details of the written work-
    31  place violence prevention program developed by the employer.
    32    § 2. This act shall take effect on the one hundred eightieth day after
    33  it shall have become a law.