Law
sparks new efforts to end workplace violence
Grants support health and safety projects
By DEBORAH A. MILES
There’s no need for state agencies to tighten their fiscal belts when it
comes to health and safety training.
Under the 2007-2011 PS&T contract, Safety and Health Initiative Program
(SHIP) grants are available to fund certain projects up to $15,000.
“The grants are to assist in the development of safety and health programs
and training,” said Kathy D’Arminio, PEF Health and Safety Committee chair.
“These grants can be used to support a variety of initiatives that go beyond
basic mandates, such as specialized training on workplace violence
prevention, emergency preparedness training and many other topics.
“The state and PEF Joint Health and Safety Committee is dedicated to
reducing workplace injuries, lost time and the related disruption to agency
operations. The grants help achieve those goals. PEF encourages local and
agency health and safety committees to apply.”
PEF works with the Governor’s Office of Employee Relations (GOER) through
the committee to review applications for the grants.
SHIP-funded programs require the involvement of both union and management
representatives throughout the planning, implementation and evaluation
process.
“Through these grants, PEF leaders work with managers at their state
agencies to develop and present programs tailored to meet the precise needs
of members at specific worksites,” D’Arminio said.
SHIP funding cannot be used to pay for equipment, travel, food, lodging or
lost work time. The program is not intended to supplement an agency’s budget
for routine training.
Labor representatives and managers at Bernard M. Fineson Developmental
Disabilities Services Office in Queens Village took advantage of a SHIP
grant, according to PEF Division 207 Council Leader Elizabeth Cheese.
Cheese and Ann Morgan, a medical specialist, worked on the grant together.
“We received the SHIP grant to cover the cost of teleconferences offered by
the National Association for the Dually Diagnosed. Staff of all levels
attended conferences on various topics and provided positive feedback,”
Cheese said.
“Topics included Aggressive Behavior, Crisis Prevention, Leadership, Staff
Training Models, and Psychotropic Medication. We found the conferences
highlighted situations we often encounter, gave suggestions on best practice
and provided us with much food for thought. They assisted us in our goals of
maximizing the health and safety of both our consumers and staff,” Morgan
added.
“SHIP was a success at Bernard Fineson, in part, because it included both
employees in other bargaining units and PEF-represented employees,”
D’Arminio said.
Applications are rated on the number of employees who will benefit, the
severity of the health and safety issue the program would address, and the
expected lasting effects after the implementation of the SHIP-funded
program.
Applications for a SHIP grant are available on the PEF Web site under
“Health and Safety.”
Successful grant applications also are posted on the PEF Web site under
Health and Safety.
“We have simplified the grant application process,” D’Arminio said. “A good
starting point in selecting a project is to evaluate which job hazards are
causing injury, illness and workers’ compensation costs.”
PEF and GOER encourage multi-agency or statewide projects. Assistance is
available to complete the application by calling Chuck Vejvoda at GOER at
(518) 474-4800 or D’Arminio at (518) 257-6983.
By
DEBORAH A. MILES
Three years after the state enacted a law to minimize the risk of workplace
violence, some state agencies are complying with the law while others are
dragging their feet.
However, the performance of the state agencies is stellar in comparison to New
York City which sued the state Department of Labor (DOL) August 14, alleging DOL
exceeded its statutory authority by requiring union involvement in developing
workplace violence prevention plans.
The law, which took effect June 7, 2006, requires public employers to take
specific actions. They are to post a policy statement with input from labor
unions, perform a risk evaluation at each worksite with participation of union
representatives, implement feasible risk reduction measures, develop a written
workplace violence prevention program with input from union representatives, and
train employees on how to avoid and respond to acts of violence.
Agency compliance
The state Office of Children and Family Services (OCFS) and Division of Parole
seem to be on top of the game. The Office of Mental Retardation and
Developmental Disabilities (DDSO) is a work in progress. The Department of
Environmental Conservation (DEC) and Office of Parks, Recreation and Historic
Preservation are behind schedule to comply with the law, while the Office of
Mental Health (OMH) is slowly coming on board.
Ironically, at a time when violence has been increasing at juvenile justice
facilities, OCFS has been one of the agencies working with union representatives
at the agency level to develop its workplace violence prevention program.
In August, OCFS conducted joint sessions at five training locations to prepare
local health and safety committees to conduct risk evaluations.
Steve Redler, PEF-OCFS Labor-Management Committee co-chair, said each worksite
is unique.
“OCFS has different offices where people work, and residential facilities for
troubled youths. In some cases, employees meet with troubled youths and their
families in their communities.
“Each worksite has its own particular challenges. Each team is going to have to
identify them before they complete the assessment to determine the risk to
employees,” Redler said.
DEC lags behind
At DEC, agency compliance is “severely lagging,” according to Holly Clark,
assistant council leader of PEF Division 169.
Clark said the union wanted to be part of the process right from the beginning.
She sent several e-mails to her management counterpart and the DEC legal
department.
“There was still no response to my request to set up a meeting. That left me no
choice but to tell them I would file an improper practice charge. That prompted
action,” Clark said.
In the interim, the PEF DEC group has been meeting and putting together
comments. Clark said the group is also developing a letter to DEC Commissioner
Peter Grannis citing the agency has missed the deadlines for risk evaluation,
policy statements and the written prevention program plan.
Workplace violence at DEC differs from the violence seen at DOCS or OMH
facilities.
“We have a lot of employees who work with the public. They deliver notice of
violations or failed audits. These people can’t conduct business as usual.
Sometimes we have to tell fishermen, they can’t fish. We sometimes deal with an
irate public from Long Island to Niagara Falls.”
DOCS on schedule
A PEF Executive Board member and PEF Health and Safety Chair at DOCS, James
Gonyo said management is working well with the unions as far as complying with
the law.
“We have been meeting regularly and working on the directives the department
will be putting together shortly.
We did three site visits, submitted comments and completed the assessment form,”
Gonyo said.
“Management has accepted many of our suggestions. We have been able to
massage that document into something that is going to work.”
OMH, slow but coming
Unlike DOCS, which is moving quickly ahead, Darlene Williams said OMH is “slow,
but coming.”
OMH and many agencies put all work on complying with the law on hold during the
lengthy time period in which the regulations were being promulgated. This set
things back.
Williams, PEF Division 213 council leader at Bronx Psychiatric Center, said, “A
lot of our progress is due to PEF’s Health and Safety Department jumping in and
helping us work with management. Now, we understand what we must do to put this
together. Facilities in OMH are just starting to get on board with their risk
assessment.”
OMRDD updates program
Most of the OMRDD worksites have workplace violence prevention programs in
place, according to Ed Snow, council leader at the Sunmount Developmental
Disabilities Services Office (DDSO) in Tupper Lake.
“OMRDD is now directing the DDSOs to revise their programs because most of them
were written when the program first came into play. Now, the DDSOs are updating
and tweaking their policies. There are some kinks because of how people
interpret workplace violence.
Overall, OMRDD is moving forward and trying to comply with the law,” Snow said.
Parole proceeding
Ismael Cruz, PEF Executive Board member for the state Division of Parole, said
it has been working well with PEF representatives to develop a program.
“We completed the assessment form and formulated a policy at the Albany office,”
Cruz said. “Things are proceeding. But the worksites in parole are different. It
has satellite offices throughout the state and sometimes we meet parolees in
courtrooms.That can be hazardous and troublesome, because if a parolee is taken
into custody, everyone is witnessing what is going on.
“Fortunately, the Workplace Violence Prevention Law reaches out into these
satellite offices so they also need to be assessed.”
If your agency is not complying with the law, or if you need assistance, call
the PEF Health and Safety Department at (800) 342-4306 ext. 254.