STATE OF NEW YORK
________________________________________________________________________
3065--B
2023-2024 Regular Sessions
IN SENATE
January 27, 2023
___________
Introduced by Sens. RAMOS, BROUK, JACKSON, RIVERA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Labor -- reported favorably from said committee and committed to the
Committee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04456-11-4
S. 3065--B 2
1 ment a written workplace violence prevention program for its workplace
2 or workplaces that includes the following:
3 a. a list of the risk factors identified in subdivision three of this
4 section that are present in such workplace or workplaces;
5 b. the methods the employer will use to prevent incidents of occupa-
6 tional assaults and homicides at such workplace or workplaces, including
7 but not limited to the following:
8 (1) making high-risk areas more visible to more people;
9 (2) installing good external lighting;
10 (3) using drop safes or other methods to minimize cash on hand;
11 (4) posting signs stating that limited cash is on hand;
12 (5) providing training in conflict resolution and nonviolent self-de-
13 fense responses; and
14 (6) establishing and implementing reporting systems for incidents of
15 aggressive behavior, abusive conduct, and bullying.
16 5. Employee information and training. a. Every employer with at least
17 twenty permanent full time employees shall make the written workplace
18 violence prevention program available, upon request, to its employees,
19 their designated representatives and the department.
20 b. Every employer shall provide its employees with [the following]
21 information and training on preventing and reporting workplace bullying
22 and abusive conduct and the risks of occupational assaults and homicides
23 in their workplace or workplaces at the time of their initial assignment
24 and annually thereafter:
25 (1) employees shall be informed of the requirements of this section,
26 the risk factors in their workplace or workplaces, and the location and
27 availability of the written workplace violence prevention program
28 required by this section; and
29 (2) employee training shall include at least: (a) how how to identify
30 and report workplace bullying and abusive conduct and the measures
31 employees can take to protect themselves from such risks, including
32 specific procedures the employer has implemented to protect employees,
33 such as appropriate work practices, emergency procedures, use of securi-
34 ty alarms and other devices, and (b) the details of the written work-
35 place violence prevention program developed by the employer.
36 § 2. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law.
