senate Bill S1936

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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  • 09 / Jan / 2013
  • 08 / Jan / 2014


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:
Legislative Cycle:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง27-b, Lab L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1257A, A10766
2009-2010: S2124A, S2124A
2007-2008: S6007, S6007

Sponsor Memo


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

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

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 employ-

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 custom-

ers, good lighting, security devices, escort services, and employee

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; Commit-
ted to Finance 2011-2012: S.1257-A - Referred to Labor Committee

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E


                             January 9, 2013

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

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


  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
  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.


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