Enacts the "school workplace violence prevention act"; relates to developing and implementing programs to prevent workplace violence in public schools.
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.
Shall take effect on the one hundred twentieth day after it becomes law, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 3129--A 2011-2012 Regular Sessions IN 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