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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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