senate Bill S1257A

Relates to developing and implementing programs to prevent workplace violence in public schools

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO LABOR
  • 04 / Jan / 2012
    • REFERRED TO LABOR
  • 25 / Jan / 2012
    • AMEND AND RECOMMIT TO LABOR
  • 25 / Jan / 2012
    • PRINT NUMBER 1257A

Summary

Relates to developing and implementing programs to prevent workplace violence in public schools.

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Bill Details

See Assembly Version of this Bill:
A10766
Versions:
S1257
S1257A
Legislative Cycle:
2011-2012
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง27-b, Lab L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2124A, S2124A
2007-2008: S6007, S6007

Sponsor Memo

BILL NUMBER:S1257A

TITLE OF BILL:
An act to amend the labor law, in relation to developing and
implementing programs to prevent workplace violence in public schools

PURPOSE:
This bill amends section 27-b of the Labor Law to include public
schools within the provisions of current law designed to require
public employers to develop and implement programs to prevent
workplace violence.

SUMMARY OF PROVISIONS:
An amendment is made within section 27-b of the Labor law.

EXISTING LAW:
In 2006, public schools were excluded as an 'employer' based on an
established amendment within the Labor law. Since public schools are
excluded as an employer, they do not have to develop and implement
workplace violence protection programs.

JUSTIFICATION:
Workplace violence is an increasingly visible element in today's
workplaces. This bill would assist both employers and employees in
ensuring a safe work environment.

Workplace violence is now one of the leading causes of death on the
job in the united States and the leading cause of workplace fatalities
for women. Enactment of this bill would require school districts, with
at least 20 full-time permanent employees, to develop and implement
programs to prevent workplace violence, must evaluate the potential
risks of workplace violence that exist within their workplaces, and
then develop and implement a written workplace violence prevention
program to prevent and minimize the hazard of workplace violence to
their employees.

Violence is a substantial contributor to occupational injury and
death, and homicide has become the second leading cause of
occupational injury death. Each week, an average of 20 workers are
murdered and 18,000 are assaulted while at work or on duty. Nonfatal
assaults result in millions of lost workdays and cost workers millions
of dollars in lost wages.

Workplace violence is clustered in certain occupational settings, For
example, the retail trade and service industries account for more than
half of workplace homicides and 85% of nonfatal workplace assaults.

Taxicab drivers have the highest risk of workplace homicides of any
occupational group. Workers in health care, community services, and
retail settings are at increased risk of nonfatal assaults. Risk
factors for workplace violence include dealing with the public, the
exchange of money, and the delivery of services or goods, prevention
strategies for minimizing the risk of workplace violence include (but
are not limited to) cash-handling policies, physical separation of
workers from customers, good lighting, security devices, escort
services, and employee training.


A workplace violence prevention program should include a system for
documenting incidents, procedures to be taken in the event of
incidents, and open communication between employers and workers.

LEGISLATIVE HISTORY:
2009-2010: S.2124 Passed Labor Committee; Committed to Finance
2008-2009: S.2124 - Passed Labor Committee; Committed to Finance
2007-2008: S.6007 - Committed to Rules

FISCAL IMPLICATIONS:
Fiscal implications of $287,000 for the Department of Labor and the
hiring of three new inspectors.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1257--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  GOLDEN,  HUNTLEY,  OPPENHEIMER, PARKER,
  PERALTA -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Labor -- recommitted to the Committee on
  Labor   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the labor law, in relation to developing and  implement-
  ing programs to prevent workplace violence in public schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 2 of section 27-b of  the  labor
law,  as  amended by chapter 504 of the laws of 2011, is amended to read
as follows:
  a. "Employer" means: (1) the state; (2) a political subdivision of the
state[, provided, however that  this  subdivision  shall  not  mean  any
employer  as defined in section twenty-eight hundred one-a of the educa-
tion law]; (3) a public authority, a public benefit corporation, or  any
other governmental agency or instrumentality thereof; and (4) an author-
ized  agency  as  defined in paragraph (a) of subdivision ten of section
three hundred seventy-one of the social services law that accepts  chil-
dren adjudicated delinquent under article three of the family court act.
  S  2.  The  provisions  of  this  act shall not diminish the rights of
employees pursuant to any law, rule, regulation or collective bargaining
agreement.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment, and/or repeal of any  rule,  regulation  or
guideline  necessary for the implementation of this act on its effective
date is authorized and directed to be made and completed  on  or  before
such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01375-03-2

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