Senate Bill S2124

                                BILL NUMBER:S2124A               REVISED 06/15/10

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:
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, provided, however that the adoption or
amendment of any rules or regulations necessary for the timely
implementation of this act are authorized to be made immediately.