10.14 BROOME DDSOO ISSUING DEPT.

Executive Office
SECTION 3
Page 10.14a
Policy and Procedures
SUBJECT
Workplace Violence
Prevention
DATE OF ISSUE
November 2013
(Amended from
February 2012)

The Broome DDSOO has a long standing commitment to promoting a safe and secure living and work
environment. All staff is expected to maintain a living and working environment free from violence,
threats, harassment, intimidation or coercion.

The purpose of this policy is to address the issues of potential workplace violence in the DDSOOs
community residences, program sites and district offices. It is designed to prevent workplace violence
from occurring to the fullest extent possible, and to set forth procedures to be followed when such
violence has occurred.

This Policy and Program does not negate the requirement to follow all other existing laws, regulations,
and policies that govern OPWDD.

Policy:

The Broome DDSOO prohibits workplace violence. Violence, threats of violence, coercion or other
threatening behavior towards people or property will not be tolerated. Complaints involving workplace
violence will not be ignored and will be given the serious attention they deserve. Individuals who
violate this policy may be subject to disciplinary and/or other administrative action up to and including
termination consistent with collective bargaining agreements, and/or referral to law enforcement
agencies for criminal prosecution.

The Broome DDSOO may prohibit employees, individuals, members of the public, including family
members, from seeing an employee or individual on DDSOO property.

The Broome DDSOO will maintain the confidentiality of investigations of workplace violence to the
extent possible. The DDSOO will act on the basis of anonymous complaints where it has a reasonable
belief that there has been a violation of this policy and that the safety and well being of all persons in
the DDSOO would be served by such action.

Retaliation against anyone acting in good faith who has made a complaint of workplace violence, who
has reported witnessing workplace violence or who has been involved in reporting, investigating or
responding to workplace violence is a violation of this policy. Those found responsible for retaliatory
action will be subject to discipline, up to and including termination.

Scope:

All employees, individuals, vendors, contractors, consultants, etc. who do business with the Broome
DDSOO are covered by this policy. This policy also applies to other persons not affiliated with the
DDSOO such as former employees and visitors.




10.14 BROOME DDSOO ISSUING DEPT.
Executive Office
SECTION
Page 10.14b
Policy and Procedures
SUBJECT
Workplace Violence
Prevention
DATE OF ISSUE
November 2013
(Amended from
February 2012)

Definitions:

Workplace violence is any behavior that is violent, threatens violence, coerces, interferes with an
individuals legal rights of movement or expression or disrupts the workplace or the ability of Broome
DDSOO to provide services to its individuals.

1. Workplace violence

An attempt or threat whether verbal or physical, to inflict injury upon another person.

Any intentional display of force which would give a person reason to fear or expect bodily
harm.

Intentional and wrongful physical contact with a person without his or her consent that entails
some injury.

Stalking a person with the intent of causing fear when such stalking has arisen through or in the
course of employment.

2. Imminent danger is defined as any conditions or practices in any place of employment which are
such that a danger exists which could reasonably be expected to cause death or serious physical harm
immediately or before the imminence of such danger can be eliminated through the enforcement
otherwise provided by this part.

3. Serious physical harm is defined as impairment of the body so as to render the body part
affected functionally useless or substantially reduced in efficiency.

4. Retaliatory action is defined as the discharge, suspension, demotion, penalization, or
discrimination against any public employee, or other adverse employment action taken against a public
employee in the terms and conditions of employment.




Workplace Examination, Evaluation, and Determination:

The workplace examination looks at any injury, accident, incident, or statistical records to identify
trends and the type and cause of workplace injuries. The examination attempts to identify patterns of
injuries in particular areas of the workplace or incidents that involve specific operations or individuals.

The individual work sites are evaluated annually and whenever there is a change in the identified risk
factor list. The work site evaluations are completed and reviewed, in concert with members of the
authorized employee representatives from CSEA, PEF and NYSCOPBA.


10.14 BROOME DDSOO ISSUING DEPT.
Executive Office
SECTION
Page 10.14c
Policy and Procedures
SUBJECT
Workplace Violence
Prevention
DATE OF ISSUE
November 2013
(Amended from
February 2012)

The Violence in the Workplace Prevention Assessment/Risk Evaluation is completed at least annually.
It checks the availability of the policy and training; staff awareness and the work environment. When
a hazard is identified, the method of mitigating the specific risk is addressed through site specific
training, environmental adaptations, policy/procedural changes, modifications to individuals treatment
plans, etc.

The workplace examination, in addition to actual reports of workplace violence (incident reports), are
reviewed by Broomes WPV Coordinator and Broomes Health and Safety Committee, which is
comprised of authorized employee representatives from CSEA, PEF and NYSCOPBA.

Data Collection and Analysis:

The workplace violence prevention reporting system is maintained for inclusion in the annual
workplace examination, risk evaluation and assessment. Each workplace violence incident that is
reported is reviewed by the DDSOOs Workplace Safety Coordinator. The Coordinator meets with the
Broome DDSOO Health and Safety Committee no less than one time per quarter, to review proactive
steps taken to protect similar episodes from occurring in the future.

The workplace violence report includes the following required information:

1. Workplace location site specific
2. Time of day/shift
3. Incident description including what happened immediately prior to the incident and how the
incident ended.
4. Names and job titles of involved employees
5. Name or other identifier of individuals involved
6. Extent of injuries
7. Name of witnesses
8. An explanation of the actions the employer has or is in the process of taking to mitigate future
incidents with a time table for correction, where appropriate.
9. Interim protective measures taken

Additionally, Broome DDSOO will address global enhancements at similar worksites if it becomes
apparent that they are necessary to protect all employees.









10.14 BROOME DDSOO ISSUING DEPT.
Executive Office
SECTION
Page 10.14d
Policy and Procedures
SUBJECT
Workplace Violence
Prevention
DATE OF ISSUE
November 2013
(Amended from
February 2012)

Reporting Incidents:

1. General Reporting Responsibilities:

Incidents of workplace violence, threats of workplace violence, or observations of workplace
violence are not to be ignored by any employee of Broome DDSOO. Workplace violence
should be promptly reported to the appropriate supervisory personnel or instances where the
perpetrator is the immediate supervisor, an appropriate manager. That includes the discovery
of any firearm, dangerous weapon, instrument or materials. Additionally, employees are
encouraged to report behavior that they reasonably believe poses a potential for workplace
violence as defined above. It is important that all members of the Broome DDSOO community
take this responsibility seriously to effectively maintain a safe working and living
environment. Official notification to the Binghamton District DOSH office will be required
upon incident, where two (2) or more Broome staff is hospitalized or an incident results in a
fatality.

2. Imminent or Actual Violence:

Any person experiencing or witnessing imminent danger or actual violence involving weapons
or personal injury should call the designated emergency number. The threat by a person to
use a weapon should also prompt a call to the designated emergency number. Law
enforcement should be contacted in the event of personal injury even if a weapon was not
used. (911 for community, 333 for DC and 7100 for Valley Ridge)

3. Acts of Violence Not Involving Weapons or Injuries to Persons:

Any person who is the subject of a suspected violation of this policy involving violence
without weapons or personal injury, or is a witness to such suspected violation, should report
the incident to his or her appropriate supervisor or, during non-business hours, to the AOC.
Administrative staff will work with the DDSOO Personnel Office on an appropriate response.

4. Commission of a Crime:

All individuals who believe that a crime has been committed against them have the right, and
are encouraged to report the incident to the appropriate law enforcement agency. That right
will not be infringed upon.

5. Incident Reports:

Broome DDSOO will report all incidents of workplace violence consistent with OPWDD and
NYS Department of Labor policies for reporting such incidents.




10.14 BROOME DDSOO ISSUING DEPT.
Executive Office
SECTION
Page 10.14e
Policy and Procedures
SUBJECT
Workplace Violence
Prevention
DATE OF ISSUE
November 2013
(Amended from
February 2012)

Complaint Procedures:

Any employee of OPWDD, or their representative, who believes that a violation of OPWDDs
workplace violence protection program has occurred or that a workplace violence imminent danger
exists, will bring such matter to the attention of the WPV Coordinator, in the form of a written notice,
and will afford Broome DDSOO a reasonable opportunity to correct such activity, policy, or practice.
Any Broome employee shall have the right to file a formal complaint with the NYS Dept of Labor,
regarding violations of Broome DDSOO WPV Policies and or practices.


If following a referral of such matter to a supervisor/contact person and after a reasonable opportunity
to correct such activity, policy or practice the matter has not been resolved and the employee or the
employee representative still believes that a violation of a workplace violence prevention program
remains or that an imminent danger exists, such employee may request an inspection by giving notice
to the Commissioner of Labor. Such notice will be in writing, will set forth with reasonable
particularity the grounds for the notice and will be signed by the employee or their representatives. A
copy of the written notice will be provided by the Commissioner of Labor to OPWDD no later than the
time of the inspection, except that at the request of the person giving notice, such persons name and
the names of individual employees or representatives of employees will be withheld. Inspection will
be made by the Department of Labor.

Written notice to OPWDD will not be required where workplace violence imminent danger exists to
the safety of a specific OPWDD employee or to the general health of a specific individual and the
employee reasonably believes in good faith that reporting to a supervisor would not result in corrective
action.

A representative of OPWDD and an authorized employee representative will be given the opportunity
to accompany the Commissioner of Labor during an inspection for the purpose of aiding such
inspection. Where there is no authorized employee representative, the Commissioner of Labor will
consult with a reasonable number of employees concerning matters of safety in the workplace.

OPWDD will not take retaliatory action against any public employee because the public employee
takes action pursuant to this procedure.









10.14 BROOME DDSOO ISSUING DEPT.
Executive Office
SECTION
Page 10.14f
Policy and Procedures
SUBJECT
Workplace Violence
Prevention
DATE OF ISSUE
November 2013
(Amended from
February 2012)

Responsibilities

1. Director:

The Director of Broome DDSOO will be responsible for the implementation of this policy.
This responsibility includes dissemination of this policy to all employees of the Broome
DDSOO, ensuring appropriate investigation and follow-up of all alleged incidents of
workplace violence, maintaining a workplace violence advisory committee, and insuring that
all administrators, managers and supervisors are aware of their responsibilities under this
policy through internal communications and training.

2. Director of Institution Human Resources Management:

The Director of Institution Human Resources Management or designee will be responsible for
documenting all incidents of workplace violence. The DIHRM or his/her designee will
maintain a tracking system of all threats and incidents of violence. The DIHRM or his/her
designee will maintain a record of any Orders of Protection for employees until such a time as
the Order is expired. DIHRM will ensure that all required contact and information sharing with
Central Office is maintained.

3. Supervisors:

Each supervisor is responsible within his/her work location for the implementation of this
policy. In residential sites, supervisors must report to their respective DA III or Treatment
Team Leader (TTL), any complaint of workplace violence made to him/her and any other
instances of workplace violence that he/she becomes aware of or reasonably believes exists.
Supervisors are expected to inform the DA III or TTL promptly about any complaints, acts or
threats of violence even if the situation has been addressed and resolved. These complaints and
reports should be kept confidential except as necessary during the investigation process. The
DA III or TTL should report these complaints to their respective chain of command who, in
turn, will notify the DIHRM for appropriate action. In all other work locations, the
supervisory chain of command should be followed.

4. Employees:

Employees must report workplace violence, as defined above, to their supervisor.
Victims of domestic violence who believe the violence may extend into their workplace or
employees who believe that domestic or other personal matters may result in their being
subjected to violence extending into the workplace are encouraged to notify their supervisor or
the Personnel Office. Confidentiality will be maintained to the extent practicable.


10.14 BROOME DDSOO ISSUING DEPT.
Executive Office
SECTION
Page 10.14g
Policy and Procedures
SUBJECT
Workplace Violence
Prevention
DATE OF ISSUE
November 2013
(Amended from
February 2012)

5. Training/Staff Development:

Broome DDSOOs Staff Development Department will be responsible for ensuring all new
hires receive initial WPV training on current Policy and Procedures. This initial training will
take place within the first sixty (60) days of hire. Broome staff currently trained will receive
annual update training, through Broomes Staff Development Department, which will include;
new Policy/Procedural initiatives and worksite specific evaluation findings. Staff Development
will also provide assistance to the DDSOO in identifying available training opportunities as
well as other resources and tools.

An annual review of Broome DDSOOs WPV Policy and Procedures will be conducted by
Broomes WPV Coordinator, its full committee and employee representatives from CSEA,
PEF and NYSCOPBA. This review will focus on WPV policy and procedural updates that
may be incorporated into Broomes current WPV program. Intermediary reviews may be
conducted as warranted.

6. Workplace Safety Coordinator:

Broome DDSOOs WPV Safety Coordinator will identify and evaluate key workplace
violence risks, coordinate the training of new staff and provide annual refreshers, and
investigate complaints of workplace violence. The Safety Coordinator will collect data that
will be analyzed for trending and provide regular summary reports to Broomes WPV and
Health & Safety Committees.

7. Health and Safety Committee:

The Health and Safety Committee will review all reports of workplace violence, obtain
information on possible work hazards, and make recommendations for training that addresses
workplace safety and promotes health and safety at the workplace. It will assist the Director in
responding to workplace violence, facilitate appropriate responses to workplace violence, and
assess the potential problem of violence at the DDSOOs sites. Its membership includes the
Workplace Safety Coordinator, representatives from each of the unions, direct care, clinical,
and management staff.

8. Workplace Violence Committee:

Broome DDSOOs Workplace Violence Prevention Committee, which includes members of
employee representatives, will coordinate, review and advise aspects of the annual evaluation,
policy revisions and training components as it relates to all Broome staff. The Committee will
provide summary data to Broomes Health & Safety Committee as to preventative measures
regarding employee injuries and/or environmental hazards.