S3129A-2011 Actions

• Jan 25, 2012: PRINT NUMBER 3129A
• Jan 25, 2012: AMEND AND RECOMMIT TO LABOR
• Jan 4, 2012: REFERRED TO LABOR
• Feb 9, 2011: REFERRED TO LABOR

S3129A-2011 Memo

BILL NUMBER:S3129A

TITLE OF BILL:
An act
to amend the labor law, in relation to enacting the "school workplace
violence prevention act"

PURPOSE:
To establish workplace violence prevention programs in schools in
order to ensure a safe work/learning environment for all employees
and students alike.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would require school districts to develop and implement
programs to prevent workplace violence. In addition, the bill
authorizes public employees and representatives of public employees
to request an inspection by the Department of Labor should the
existence of a serious violation to a safety or health standard be
imminent.

JUSTIFICATION:
Workplace violence is an increasingly visible element in today's
workplaces. It is one of the leading causes of death on the job in
the united States and the leading cause of workplace fatalities for
women.
Violence, in general, is a substantial contributor to occupational
injury and death, and homicide has become the second leading cause of
occupational injury death as evident by an average of twenty murdered
workers and 18,000 assaulted workers at work or on duty per a weekly
basis.

Enactment of this bill would require school districts with at least
twenty full-time permanent employees to develop and implement
programs to prevent workplace violence; to evaluate the potential
risks of workplace violence that exist within their workplaces; and
to develop and implement a written workplace violence prevention
program in order to prevent and minimize the hazard of workplace
violence to their employees.

The bill will help provide school districts with violence and hazard
reduction strategies by opening collaborative dialogue between school
administration, teachers and other school-related professionals, and
assist in efforts to identify potential security gaps or other
workplace hazards in mitigating those threats and hazards. A
workplace violence prevention program should include a system for
documenting incidents and procedures to be taken in the event of
incidents.

LEGISLATIVE HISTORY:
New bill.

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

EFFECTIVE DATE:


Shall take effect on the one hundred twentieth day after it becomes
law, with provisions.

S3129A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3129--A
 2011-2012 Regular Sessions
 I N  SENATE
 February 9, 2011
 
 Introduced  by  Sen. ADDABBO -- 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 enacting the "school work
 place violence prevention act"
 

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

 

Section 1. This act shall be known and may be  cited  as  the  "school
 workplace violence prevention act".
 

S 2. 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  3.  The  provisions  of  this  act shall not diminish the rights of
 employees pursuant to any law, rule, regulation or collective bargaining
 agreement.
 

S 4. 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.
 LBD01375-04-2

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