Town of DeRuyter, New York

Workplace Violence Policy

Town of DeRuyter Workplace Violence Policy

Pursuant to the Workplace Violence Protection Act, New York Labor Law § 27-b, this policy was adopted on August 13, 2009 and is subject to annual review by the DeRuyter Town Board.

Purpose:

  All employees of the Town of DeRuyter have the right to work in an environment free from threats and acts of violence. The DeRuyter Town Board will take direct and immediate action to prevent such behavior and thoroughly investigate all reported threats and acts of violence.

The purposes of this policy are to maintain a healthy and safe work environment and to provide procedures for reporting, investigating, and resolving any threats or acts of violence involving employees, suppliers, contractors, or members of the general public utilizing the Town services.

Definitions:

Employees refer to all Town employees, including officers and appointed positions.

Elected Town Official refers to any person elected to a Town Office including; Town Supervisor, Town Highway Superintendent, Town Clerk, Town Councilman, and Justice.

Threat refers to an expression of intention to scare, frighten, terrorize, or harm another. This includes hand gestures, words, and body language.

Violence refers to an act of physical force used to harm or injure another.

Scope:

This policy applies to all employees who work from all locations owned, leased, or used by the Town of DeRuyter.

Violations of Policy:      

Employees who violate this policy are subject to disciplinary action up to and including discharge.

Prohibited Activities:

The following conduct is strictly prohibited:

  • Employees may not explicitly or implicitly threaten or commit an act of violence against another person.

  • Employees may not make threatening remarks either orally or in writing to another person.

 

Town of DeRuyter’s Responsibility:

The Town of DeRuyter is responsible for creating an atmosphere that will prevent threatening behavior and acts of violence. These responsibilities include:

  • Monitoring the work environment for signs is inappropriate behavior.

  • Counseling all employees on the types of prohibited behavior and the procedure for reporting and resolving complaints.

  • Stopping any observed prohibited acts by taking the appropriate steps to intervene, documenting the incident, and resolving the situation as quickly as possible.

  • Taking immediate action to limit further contact between individuals when misconduct is either observed or reported.

  • Ensuring that no retaliation occurs to anyone reporting an incident.

Employees Responsibility:

All employees are responsible for assisting in the prevention of threatening behavior and acts of violence. This includes:

  • Refraining from participation in or the encouragement of actions that could be perceived as threatening or violent.

  • If comfortable doing so, telling the person(s) who makes the threat that his/her actions are unwelcome and offensive.

  • Assisting an employee whom confides in you that he/she is a victim and encouraging them to report the incident.

Complaint Procedure:

The following procedure should be used to report complaints:

  1. Employees should report any threat of violence to the Elected Town Official acting as their direct supervisor as soon as possible. (If the Elected Town Official is involved in the threat or the employee feels uncomfortable reporting to this person, it should be reported to any other Elected Town Official.)

  2. The employee may be asked to provide the following information when reporting threats or threatening conduct: The date, time and location of the incident that took place, a description of the incident including any physical contact made and what was said and/or done, the name of anyone present during the incident.

  3. It is imperative that the employee immediately reports conduct that he/she feels is threatening. Any such complaint will be investigated promptly and, if found to have merit, immediate steps will be taken to end the threat or threatening conduct.

  4. The complaint and the complainants identity will be revealed strictly on a “need to know” basis and, under no circumstances, will the complainant be subject to retaliation for registering the complaint.

Investigation Procedure:

The following procedure should be followed by an Elected Town Official once a complaint has been made:

  1. Complete the Workplace Violence Form providing as much detail as possible.

  2. Complete a thorough investigation into the incident, detailing as much information as possible on the Workplace Violence Form.

  3. Immediately take corrective actions as necessary.

  4. Report the incident to the Town Board at the first possible meeting for Board approval of corrective actions taken.

  5. File completed report with the Town Clerk.

Cases that involve specific injuries or illnesses, or where the employee requests that his/her name not be entered on the report, are considered to be “privacy concern cases,” In all privacy concern cases, the name of the employee who was victim to the workplace violence will be removed before disclosing or sharing a copy of the report with anyone other than the Commissioner of Labor or his or her duly authorized representative.

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