NYS has new policy requirements on preventing workplace violence


On Board Online • February 5, 2024

By Jessica Goldstein
Deputy Director of Policy Services

New policy requirements for school districts and BOCES went into effect this year due to an amendment to the state's Labor Law. Among other things, boards must annually review reports of workplace violence incidents.

Since 2001, school boards and BOCES have been required by Education Law section 2801-a to adopt district-wide school safety plans that address aspects of violence prevention, such as nonviolent conflict resolution programs, building security, early detection of potentially violent behaviors and violence prevention training. Also, school boards and BOCES are required by Education Law section 2801 to adopt a Code of Conduct that addresses acts of violence on school property and acceptable civil and respectful treatment of teachers and school personnel.

Now, in addition, Labor Law section 27-b applies to school districts and BOCES (Chapter 351 of the Laws of 2023). This law requires all public employers with at least 20 permanent full-time employees to develop and implement workplace violence prevention programs, annual employee training and annual program review.

New policy requirement

Additionally, existing state regulations (12 NYCRR 800.6, previously applicable to other public employers) have become applicable to school districts and BOCES. Those regulations require school boards and BOCES with at least 20 permanent full-time employees to adopt a policy statement, among other things.

The law went into effect on Jan. 4, 2024, and the deadline to adopt a policy statement as required by the regulations was Feb. 3, 2024.

Guidance on fulfilling this deadline from the state Department of Labor (DOL) and the State Education Department (SED) was issued only a few weeks before the Feb. 3 deadline. In a jointly sponsored webinar on January 18, 2024, school districts and BOCES were advised that school boards should be making good faith efforts to comply with the policy requirement. Regarding the possibility that school districts and BOCES might miss the Feb. 3 deadline for adopting a policy statement, officials said that it is more important to be in full compliance with the law and regulations by May 3, 2024.

The written policy statement must:

  • Address the goals and objectives of the workplace violence prevention program.
  • Be posted where notices to employees are normally posted.
  • Briefly indicate the employer's workplace violence prevention policy and incident alert and notification policies for employees to follow in the event of an incident of workplace violence.

In response to the new policy requirement of the regulations, NYSSBA Policy Services developed a sample policy on workplace violence prevention.

"It should be noted that the state Department of Labor also offers a model policy for all public employers," said NYSSBA Executive Director Robert Schneider. "We developed a sample policy for schools that addresses all the elements present in the Department of Labor's model policy."

NYSSBA's sample policy includes the following elements:

  • A definition of workplace violence consistent with state regulations.
  • Language on the responsibility of employees to notify supervisors or other designated contacts of any violent incidents or threatening behavior.

In addition, NYSSBA's sample policy includes summaries of other required elements of the law and regulations, including how to involve union representatives in various aspects of the programs. Language in the sample policy also addresses the need for annual training, whistleblower protections and processes for notifying the Commissioner of Labor.

NYSSBA's sample policy was sent to subscribers of the Policy Update Service in November 2023, and again in January 2024, to make sure school districts and BOCES were alerted to this requirement.

For a copy of NYSSBA's sample policy 8130.2, Workplace Violence Prevention, please contact policy@nyssba.org.




Back to top