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Implementing the Workplace Violence Law
By DEBORAH A. MILES

Workplace violence is everywhere. It’s rampant in state mental health
facilities where some disturbed patients physically attack their caregivers.
PEF members who work at hospitals talk about drug addicts coming to the
emergency centers seeking help, and then losing control by smashing windows
and choking staff.
Even at the state Department of Motor Vehicles (DMV), some people who had
their drivers’ licenses revoked have been known to jump over the counter and
punch an employee out cold.
But the wheels are finally in motion at state agencies to implement plans to
help stop workplace violence. A law enacted in June 2006 requires managers
to promulgate rules and regulations designed to keep employees safer by
finding measures to prevent violence.
PEF and other unions were the catalysts in getting the law on the books, and
it also wants to have its say in the plans.
Is it happening? It all depends who you talk to and where.
PEF Director of Occupational Safety and Health Jonathan Rosen said the
Governor’s Office of Employee Relations (GOER) has not guided or directed
agencies to join with labor in establishing these programs.
“Unfortunately, many agencies are excluding union representatives and
front-line staff from assisting in developing their programs,” Rosen said.
“And some agencies such as the state Department of Correctional Services
(DOCS) have not met with PEF representatives, despite PEF’s request for a
meeting. But DOCS has submitted a draft policy to PEF, requesting the
union’s comments.”
SUNY
Upstate difficult
At the state University of New York Upstate Medical Hospital, Peter Banks,
PEF Division 320 council leader, said the managers are developing a program
“all on their own terms.”
“Our biggest contention at the moment is we are being bypassed in the
formation of the policy. It’s clearly defined in the draft regulations that
the union or authorized employee representative shall have participation in
the policy and program,” Banks said. “This comes directly from the law,
which states employees will be included in the development of workplace
violence prevention programs from the ground up. That isn’t happening at
Upstate.”
Banks said some union members at SUNY Upstate work in the lock-down or
prison area of the hospital.
“Our members are dealing with convicted murderers and our input regarding an
area where there is a high potential for violence should be welcomed,” Banks
said.
But at SUNY Stonybrook, Division 225 Council Leader James Hassett said
managers are working closely with the unions in forming a plan.
“Labor has a good relationship with management,” Hassett said. “PEF, along
with members from United University Professions (UUP) and the Civil Service
Employees Association (CSEA) are meeting with management experts on a
violence-prevention plan. It’s a tri-council type of thing.”
OMH cooperates
Unlike the situation at Upstate, Marianne Albamont, PEF’s statewide health
and safety chair at the state Office of Mental Health (OMH), sees a new
spirit of cooperation at the agency level.
“In the past, management has always dictated what was to be done. Because
the Workplace Violence Prevention Law says the union should participate in
risk assessment and implementation of a plan, we are seeing a more
collaborative effort in trying to reduce the violence,” Albamont said.
“Any failure to comply with union participation is a violation of the law.
The important thing is getting results, and I believe with the law and the
plans, it will make a difference in reducing violence,” she said.
Every OMH facility is required to implement a tailor-made plan of its own.
Many elements of the program are already in place, but implementation at the
facility level has been slow at most sites, according to Rosen. Some of the
facilities already working with the union are South Beach, Capital District,
and Mohawk Valley Psychiatric Centers.
OMRDD complies
The state Office of Mental Retardation and Developmental Disabilities
(OMRDD) has formed a workplace violence prevention group and developed an
agency program.
“The purpose was to develop a plan the individual developmental disabilities
services offices (DDSOS) could use,” said Ed Snow, Division 242 council
leader and statewide OMRDD health and safety co-chair.
Snow said PEF was involved on the ground level.
“PEF received and reviewed the initial draft and had some concerns,” Snow
said. “OMRDD made the changes we requested and, from that point, I had
regular contact with OMRDD staff regarding the workplace violence plan.”
OMRDD provided two video conferences for union members on workplace violence
prevention, and the individual DDSO’s are working on plans specific to their
own needs.
“The OMRDD plan is one of the better agency plans,” Snow said. “The
workplace violence prevention programs are a work-in-progress, but will help
identify and minimize the risks to our members.”
OGS trains, ignores labor
Joe Kowalski, PEF co-chair of the state Office of General Services (OGS)
health and safety committee, said OGS held training for nearly 200 employees
across the state on workplace violence prevention.
“OGS management prepared the plan, and that’s the way it is. It felt it
could do the job better without the union, even though labor made it clear
that it is available to help,” Kowalski said. “At the trainings, I would
have acknowledged the support of PEF and CSEA, but that didn’t happen.”
“I feel the plan is weak as it lacks details in the risk-assessment area.
For example, a lot of OGS employees deal with contractors who sometimes
become agitated when things don’t go their way. We also have members who
work in state prisons.”
DMV ahead of the game
Years before the law went into effect, DMV, with PEF and CSEA, hired an
independent violence-prevention expert to help the department overcome some
of the problems caused by belligerent customers and domestic battles which
infiltrated the workplace.
“The Workplace Violence Prevention Law is making us revise our plan to meet
the standards of the new regulations. We are trying to adapt our policy to
them. It’s a work-in-progress right now,” said Karen Pellegrino, Division
211 council leader and PEF Executive Board member at DMV.
Pellegrino said labor has a good relationship with DMV management.
“Now, it is just a matter of working together and figuring out where we are
deficient, where we’re not, and fitting it all in.”
OCFS faces challenges
Because the state Office of Children and Family Services works out of many
offices and visits troubled youths at various locations, getting a workplace
violence prevention plan together is a challenge, according to Steven Redler,
Division 234 council leader.
“Each of the settings requires a different plan to reduce the potential for
violence. Basically, we have the same interest as the state, but management
is used to calling the shots,” Redler said. “Working with management has
been a little rocky, but it has been very cooperative in allowing union
representation at the meetings. It also has the time to devote to a plan,
but the union has the expertise of PEF’s Health and Safety Department.”
Slow going at Parole
At the state Division of Parole (DOP), the union is working with management
on a plan. According to Wayne Spence, Executive Board member and PEF health
and safety chair at DOP, a lot more could get accomplished if management
would agree to sit down at the labor-management table.
“Instead of having managers who can make decisions at the table, we
communicate through a go-between. We are in the beginning stages of the plan
and hopeful with the new administration we will see a change in approach,”
Spence said. “A lot more could be accomplished in a timely manner if we
could make decisions together. At our initial meeting, management recognized
union involvement could save DOP some money in the long run by protecting
our parole officers from violence.”
Costs and deadlines
At OMH alone, workplace violence is estimated to have cost $46 million in
workers’ compensation from 2004 through 2006.
“Implementing this law should be a high priority for management and labor
alike, not just for the money saved, but to protect people from harm,” Rosen
said. “Now is the time for agencies to assess, not only the risk of
violence, but to make sure they have appropriate personnel in place to lead
in this area of work.”
The draft regulations were published in the NYS Register September 19. There
will be a public hearing November 20. It is expected the regulations will be
final and enforceable in December.
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