Public Employee Press

State hits agencies for workplace violence

The state Labor Dept. has cited four city agencies for risking workers’ lives by thumbing their noses at the workplace violence law, and more violation notices are on the way.

After a number of members were injured in on-the-job assaults, DC 37 led a drive with other unions to pass the state Workplace Violence Prevention Act, which was enacted in 2006. The law took effect in 2007 and gave employers plenty of time — until August 2009 — to assess the risks at their work locations and implement preventive programs.

The Bloomberg administration bitterly fought the law’s mandate to involve employees’ unions in studying the risks and devising preventative procedures. When the state labor commissioner and the courts rejected city protests against the provision, city agencies — encouraged by the Dept. of Citywide Administrative Services — refused to comply with the law.

DC 37’s Safety and Health Dept. filed official complaints against a list of city units, and the state Public Employee Safety and Health Bureau (PESH) has already issued Notices of Violation and Orders to Comply against DCAS and the Health, Parks and Transportation departments.

The union has learned that the Police, Environmental Protection, Human Resources, Children’s Services, Homeless Services, Design and Construction and Payroll agencies will also be cited. According to union safety experts, the violations could lead to huge fines against the city.

In a continuing effort to block protections for employees, “the city pressed for PESH to go building-by-building,” said Lisa Baum, principal program coordinator in the DC 37 Safety and Health Dept. “We fought for the state to issue universal citations that cover all work locations in the agency, which PESH is now issuing.”

To comply with the law, an agency must conclude on-site inspections with the union, issue a written policy, complete controls such as barriers, implement a record-keeping system and train its staff.

The New York City Housing Authority is one agency that is trying to comply and to work with union safety experts provided by the union. “They set up focus groups for different job titles. The workers offered very interesting ideas and suggestions at the meeting I attended,” Baum said.