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2011-1852011-185 Resolution Amending the Town of Wappinger Personnel Manual in Respect to the Addition of a Workplace Violence Prevention Policy and Program At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 23, 2011. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czamiecki Joseph P. Paoloni (arrived at 6:30 PM) The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman Czamiecki. WHEREAS, OSHA Federal Regulations now require employers with more than 19 full- time employees must first have their workplace examined for risk of violence and are then required to develop and implement a workplace violence prevention program based on the risks uncovered during the evaluation; and WHEREAS, employers must also take all necessary steps to create a violence -free workplace, including, but not limited to, making high-risk areas more open, installing proper lighting, minimizing the amount of on -hand cash, posting appropriate signs, providing conflict resolution training and establishing effective reporting systems; and WHEREAS, the Town Supervisor met with its insurance professional, Marshall and Sterling, who provided an outline of a workplace violence prevention policy and program for employees of the Town of Wappinger; and WHEREAS, Marshall and Sterling, along with the Town's Workers Compensation carrier shall coordinate a workplace violence prevention presentation for all employees of the Town of Wappinger in accordance with the OSHA regulations; and WHEREAS, the Town Board hereby authorizes the Town Supervisor, the Town Insurance Professional and the Attorney to the Town for Labor and Personnel to implement all necessary personnel policy amendments and programs to assure compliance with OSHA Federal Regulations relative to a workplace violence prevention program. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the Town Supervisor, the Town Insurance Professional and the Attorney to the Town for Labor and Personnel to implement all necessary personnel policy amendments and programs to assure compliance with OSHA Federal Regulations relative to a workplace violence prevention program. 3. The Town Board hereby authorizes the Town Supervisor to coordinate the presentation with neighboring municipalities at no cost to the Town of Wappinger. 4. The Town Board hereby directs all Town of Wappinger employees to attend the workplace violence prevention presentation. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 5/23/2011 The Resolution is hereby duly declared adopted. JP4N C. MASTERSON, TOWN CLERK Workplace Violence Prevention Policy Prepared by: Marshall & Sterling, Inc. Purpose Scope Location: Town of Wappinger Effective Date: May 11, 2011 Revision Number: 1 does not tolerate workplace violence. We define workplace violence as actions or words that endanger or harm another employee or result in other employee reasonably believing to be in danger. Such actions include but are not limited to: • Verbal or physical harassment • Verbal or physical threats • Assaults or other violence • Any other behavior that causes others to feel unsafe (e.g., bullying, sexual harassment, etc.) Company policy requires an immediate response to all reports of violence. All threatening Incidents will be investigated and documented by the employee relations department. if appropriate, the company may provide counseling services or referrals for employees. The following disciplinary actions may also be taken: • Oral reprimand • Written reprimand • Suspension • Termination Responsibility It is the responsibility of all employees to report all threatening behavior to management immediately. The goal of this policy is to promote the safety and well-being of all people in our workplace. All incidents are to be reported within the first 24 hours. Management, supervisors and all safety personnel are responsible for the observation of personnel and identification of potential workplace violence exposures. All matters reported and/or identified are to be fully investigated. Findings will be presented to management and an action plan developed to minimize and eliminate the potential threat. Procedures Evaluation of Security Procedures A physical security survey will be conducted once a year on . As our company continues to grow and expand, so does potential violence exposure. Reassess all facets of the work environment to include secure entrances, public access, restroom facilities, parking lots, work stations and closed-circuit surveillance cameras. Incident Response Team The following individuals are named in the event to respond to a potential threat or live situation. The Incident Response Team will coordinate all facets of the response including the 0111 114 !" t"Y ............... ................... .... .. -1A ol a ar qt,=ertv anc P AP -7, 21101,- A,! initial response in emergency Situations, contacting of local authorities and intervention of the subject and victim. State Trooper —298~1557 Dutchess County Sheriff Dept -486-3800 Chris CoUsey,lFowwn Supervisor - Graham Foster, Highway Superintendent^ Training of Management and Employee Groups Initial training to management and employees to consist of the introduction of this policy, scope and responsibilities. Review reporting procedures and expectations with employees. Management will provide incident forms and detailed procedures for front-line supervisors to follow. Retraining will be conducted annually on Evaluation and Intervention In order to assess this risk, the following suggested questions should be inquired of individuals familiar with the offender's behavior, both prior to and after any alleged threat or action. Refer to Appendix A for the Individual Assessment Form. Risk Assessment Note: Perpetrators of workplace violence can be both men and women, however, for the purposes of the questions to be asked, he is used to refer to the offender. They include: ° Why has the offender threatened, made comments which have been perceived ' �others as threatening, or has taken this action at this particular time? What is happeningin his own U[ethat has prompted this? = What has been said to others, i.e. friends, colleagues, coworkers, etc., regarding what is troubling him? ° How does the offender view himself in relation to everyone else? • Does he feel he has been wronged in some way? = Does he accept responsibility for his own actions? ° How does the offender cope with disappointment, loss, orfailure? • Does he blame others for his failures? ° How does the offender interact with coworkers? • Does he feel he is being treated fairly bythe company? ° Does hehave problems with supervisors ormanagement? ° Ioheconcerned with job practices and responsibilities? " Has he received unfavorable performance reviews or been reprimanded by management? • Is he experiencing personal problems such as divorce, death in the family, health problems orother personal losses or issues? ° Is heexperiencing financial problems, high personal debt or bankruptcy? ° Is there evidence of substance abuse or mental illness/depression? • Has he shown an interest in violence through movies, games, books or magazines? " Is he preoccupied with violent themes, interested in publicized violent events, or fascinated with weapons? • Has the offender identified a specific target and communicated with others his thoughts or plans for violence? * Is he obsessed with others or engaged in any stalking or surveillance activity? ° Has the offender spoken Ofhomicide orsuicide? ° Does he have a past chnlioa| history or history ofpast violent behavior? w Does the offender have a plan for what he would do? ° Does the plan make sense? Is it reasonable and is it specific? ° Does the offender have the means, hnmvv|edg8 and wherewithal, to carry out his plan? 2 -VVoruplaceviolencePre"enUon Policy Assessment Review and Action Upon completion of the assessment, review results with Management. Options are to be considered in terms of intervention. If threat is imminent, local authorities should be immediately contacted. Consider job rotation, change in reporting manager, orother work environment change to reduce or eliminate the source of conflict. Full documentation of the perceived or real threat must be well maintained. If an incident occurs, complete the appropriate job site investigation and witness statement forms. Communication Communicate course nfaction with all Management, victim and aubi�ct|nquestion. Cleady define the course of action this policy lays forth in terms of' discipline, 3 ' Workplace Violence Prevention Policy Appendix A Individual Assessment 4 - Workplace Violence Prevention Policy Workplace Violence Prevention Policy Individual Assessment Date ofAssessment: Individual's Name: _ 1.Why has the offender threatened, made comments which have been perceived by others as threatening, or taken this action at this particular time? What is happening in his/her own life that has prompted this? 3. What has been said to others, i.e. friends, colleagues, coworkers, etc., regarding what is troubling him? 3. How does the offender view himself in relation to everyone else? 4. Does hefeel he has been wronged insome way? 5. Does heaccept responsibility for his own actions? 6. How does the offender cope with disappointment, loss or failure? 7. Does he blame others for his failures? 5 Workplace Violence Prevention Policy 8. How does the offender interact with coworkers? 9. Does hefeel heisbeing treated fairly by the company? 10. Does he have problems with supervisors or management? 11. Is he concerned with job practices and responsibilities? 12. Has he received unfavorable performance reviews orbeen reprimanded by management? 13. Is he experiencing personal problems such asdivorce, death in the family, health problems, or other personal losses orissues? 14. Is he experiencing financial problems, high personal debt, or bankruptcy? 15, Is there evidence of substance abuse o, mental illness/depression? 16. Has he shown an interest in violence through movies, games, books, or magazines? 6 - Workplace Violence Prevention Policy 17. IS he preoccupied with violent themes; interested in publicized violent events; or fascinated with and/or recently acquired weapons? 18. Has the offender identified a specific target and communicated with others his thoughts or plans for violence? 19. Is he obsessed with others or engaged in any stalking or surveillance activity? 20. Has the offender spoken of homicide or suicide? 21. Does he have past criminal history orhistory ofpast violent behavior? 22. Does the offender have a plan for what he would do? 23. Does the plan make sense, is it reasonable, isitspecific? 24. Does the offender have the means, knowledge and wherewithal tmcarry out his plan? Form complete by: Completed on: Time: 7 Workplace Violence Prevention Policy Other individuals present: Workplace Violence Supervisor Response Checklist When an incident involving threatening behavior or violence occurs in your workplace, it is important that you, as the Supervisor, actively engage the situation as soon as possible. There will be concerns that require your immediate attention, follow-ups with affected employees and a review of existing company policy. Follow these steps as recommended by OSHX When notified of an incideot ❑Immediately Immediatelye,, respond to the scene of the incident to assess the situation. 171 0 Evaluate te he t: ml Evaluate the medical needs of any employees involved in the incident, Enact the + mc Enact the company's emergency response plan if an employee is in need of immediate medical care. -1 Contact local law enforcement to inform them of the situation. Be prepared to describe the incident and identify any involved parties. 0 Gather statements from any witnesses. 0 Inform victims of their legal right to prosecute their attacker. Follow p Discuss the circumstances of the incident with staff members. ryry Encourage employees to share information about ways to avoid similar situations in the future, 0 Offer stress debriefing sessions and posttraumatic counseling services to help affected employees recover from a violent incident. If the offender was an employee, review the situation to determine the • appropriate disciplinary action. While threatening behavior may be discussed with the employee and then monitored, termination is often the safest response to physical acts of violence. • Investigate all violent incidents and threats and monitor trends by type or circumstance so corrective actions can be instituted, • Review the existing workplace violence policy to see if any changes are warranted to prevent similar incidents in the future. Discuss any changes in the workplace violence program during regular employee meetings. Provided by: Marshall & Sterling, Inc. Forneterence use only. Not intended to identdY all hazards, or reffectafl requirements of federal, state at joc,:if r&v (0 2011 Zywave, Inc, All rights resofved,