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A04936 Summary:

BILL NOA04936
 
SAME ASSAME AS S04925
 
SPONSORBronson
 
COSPNSRShimsky, Lunsford, Raga, Steck, Santabarbara, Simon, Zinerman, Glick, Davila, Pheffer Amato, Reyes, Alvarez, Jensen, Rosenthal, Lucas, Jacobson, Taylor
 
MLTSPNSR
 
Amd §27-b, Lab L
 
Requires training to reduce abusive conduct and bullying in the workplace as part of a written workplace violence prevention program.
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A04936 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4936
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2025
                                       ___________
 
        Introduced  by  M. of A. BRONSON, SHIMSKY, LUNSFORD, RAGA, STECK, SANTA-
          BARBARA, SIMON, ZINERMAN, GLICK, DAVILA, PHEFFER AMATO,  REYES,  ALVA-
          REZ,  JENSEN,  ROSENTHAL,  LUCAS,  JACOBSON,  TAYLOR  -- read once and
          referred to the Committee on Labor
 
        AN ACT to amend the labor law, in  relation  to  requiring  training  to
          reduce abusive conduct and bullying in the workplace
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 3, 4, and 5 of section 27-b of the labor  law,
     2  as  added  by  chapter  82  of  the laws of 2006, are amended to read as
     3  follows:
     4    3. Risk evaluation and determination. Every  employer  shall  evaluate
     5  its  workplace  or  workplaces  to  determine the presence of factors or
     6  situations in such workplace or workplaces that might place employees at
     7  risk of occupational assaults and homicides. Examples  of  such  factors
     8  shall include, but not be limited to:
     9    a.  working in public settings (e.g., social services or other govern-
    10  mental workers, police officers, firefighters, teachers,  public  trans-
    11  portation drivers, health care workers, and service workers);
    12    b. working late night or early morning hours;
    13    c. exchanging money with the public;
    14    d. working alone or in small numbers;
    15    e. abusive conduct and bullying in the workplace;
    16    f. uncontrolled access to the workplace; and
    17    [f.] g. areas of previous security problems.
    18    4.  Written workplace violence prevention program. Every employer with
    19  at least twenty full time permanent employees shall develop  and  imple-
    20  ment  a  written workplace violence prevention program for its workplace
    21  or workplaces that includes the following:
    22    a. a list of the risk factors identified in subdivision three of  this
    23  section that are present in such workplace or workplaces;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08767-01-5

        A. 4936                             2
 
     1    b.  the  methods the employer will use to prevent incidents of occupa-
     2  tional assaults and homicides at such workplace or workplaces, including
     3  but not limited to the following:
     4    (1) making high-risk areas more visible to more people;
     5    (2) installing good external lighting;
     6    (3) using drop safes or other methods to minimize cash on hand;
     7    (4) posting signs stating that limited cash is on hand;
     8    (5)  providing training in conflict resolution and nonviolent self-de-
     9  fense responses; and
    10    (6) establishing and implementing reporting systems for  incidents  of
    11  aggressive behavior, abusive conduct, and bullying.
    12    5.  Employee information and training. a. Every employer with at least
    13  twenty permanent full time employees shall make  the  written  workplace
    14  violence  prevention  program available, upon request, to its employees,
    15  their designated representatives and the department.
    16    b. Every employer shall provide its  employees  with  [the  following]
    17  information  and training on preventing and reporting workplace bullying
    18  and abusive conduct and the risks of occupational assaults and homicides
    19  in their workplace or workplaces at the time of their initial assignment
    20  and annually thereafter:
    21    (1) employees shall be informed of the requirements of  this  section,
    22  the  risk factors in their workplace or workplaces, and the location and
    23  availability  of  the  written  workplace  violence  prevention  program
    24  required by this section; and
    25    (2)  employee training shall include at least: (a) how how to identify
    26  and report workplace bullying  and  abusive  conduct  and  the  measures
    27  employees  can  take  to  protect  themselves from such risks, including
    28  specific procedures the employer has implemented to  protect  employees,
    29  such as appropriate work practices, emergency procedures, use of securi-
    30  ty  alarms  and  other devices, and (b) the details of the written work-
    31  place violence prevention program developed by the employer.
    32    § 2. This act shall take effect on the one hundred eightieth day after
    33  it shall have become a law.
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