Senate Bill S5350

                                 BILL NUMBER:  S5350

 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 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.