Retail Workplace Violence Prevention

Rationale/Purpose of the Policy

The University is committed to providing a safe working environment for all employees. As part of that commitment, the University has implemented this Policy consistent with the requirements of New York State Labor Law Section 27-e. The University maintains compliance with all state and federal statutory provisions and any applicable local laws concerning violence against retail workers and remedies available to victims of workplace violence, including compliance with the New York State Retail Worker Safety Act, as amended. This Policy may be modified by the University as workplace conditions and applicable law require.

Definitions

• Retail employee: Is defined by the Act as an employee working at a “retail store” for an employer.
• Retail store: Is defined by the Act as a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.

Scope/Compliance

This policy applies to all University employees deemed to be retail employees pursuant to the New York Retail Worker Safety Act. Employees who have questions about application of this policy may contact their Human Resources Business Partner.

Guidelines

In compliance with New York Retail Worker Safety Act the University provides its retail employees, at the time of hire and at every annual workplace retail violence prevention training, a notice of the University’s Retail Workplace Violence Prevention Policy and the information presented at the University’s retail workplace violence prevention training program (search:”retail worker safety”). Such notice will be provided in writing in English and in the language identified by each retail employee as their primary language as required by applicable law.

The University will provide interactive information and training to all retail employees upon hire and annually thereafter. Training topics will include:

1. 1. The policy and how to obtain a copy of the policy.
   2. Retail Worker Safety Act requirements as contained in Labor Law Section 27-e
   3. De-escalation tactics and measures employees can use to protect themselves from workplace violence
   4. Active shooter information and drills
   5. Emergency procedures and workplace-specific emergency exits and meeting places
   6. How to report workplace violence incidents or concerns without fear of reprisal
   7. Instruction on the use of security alarms or buttons, and other related emergency devices.

Risk Prevention

A. The University recognizes that its retail employees may find certain workplace circumstances can heighten safety risks, and therefore offers guidance as to methods that can be used to mitigate these safety risks.

1. Factors/situations that may create risk for University retail employees include:
   1. Working late night or early morning hours
   2. Exchanging money with the public
   3. Working alone or in small numbers
   4. Working in a location with uncontrolled public access
   5. Duties that involve working with valuable property or products

1. Mitigation efforts the University may utilize to support a safe environment and prevent incidents of workplace violence include:
   1. Establishing and communicating reporting protocols for incidents of workplace violence and other safety issues.
   2. Performing risk evaluations through reports of incidents to identify factors that contribute to workplace safety risks.
   3. Assessing past incidents of workplace violence to prevent future occurrences.
   4. Implementing policies prohibiting the possession of weapons on University premises.
   5. Facilitating collaboration between Public Safety, Environmental Health and Safety and retail locations to identify risks and improve training protocols to support retail employees.
   6. Communicating to retail employees upon hire and annually thereafter regarding policies and trainings related to workplace safety.
   7. Providing retail employees with centralized training upon hire and annually thereafter, including topics such as de-escalation tactics, and active shooter response.
   8. Installing Blue Light Phones throughout campus, allowing employees to contact a Public Safety Officer immediately.
   9. Installing silent response buttons to warn others of a danger of workplace violence or to summon assistance in the event of a workplace violence incident.
   10. Notifying and assisting the appropriate authorities of workplace violence incidents as appropriate.
2. Suggested mitigation techniques employees can utilize to keep themselves and the workplace safe from violence include:
   1. Awareness and recognition of early warning signs of potentially violent behavior in customers and/or coworkers, including: intimidation, bullying, verbal abuse, other discourteous/disrespectful conduct, behavioral changes (mood swings, uncharacteristic displays of emotion, depression, withdrawal, paranoia), signs of abuse of alcohol or drugs.
   2. Promptly alerting supervisory staff or co-workers to assist with de-escalation tactics as outlined in University-provided training.
   3. Requesting assistance by contacting Public Safety at x13(275-3333) for onsite retail locations or 911 for locations not on University owned/operated property.
   4. Following Emergency Management guidelines
   5. Awareness of emergency exits and meeting places to be utilized in the event of workplace violence.
   6. Participating in University training related to workplace safety (Search: “retail worker training”)

4. Manager and supervisor responsibilities:
   1. Managers and supervisors of retail employees are responsible for implementing and maintaining this policy in their work areas, ensuring annual training is completed, and answering employee questions about the policy in conjunction with the appropriate Human Resources Business Partner.
   2. As with all retail employees, managers and supervisors of retail employees will receive notice of this policy and annual workplace violence prevention training.
   3. Managers and supervisors of retail employees should promptly communicate to the Department of Public Safety any concerns related to workplace violence, and as needed may request that a workplace safety assessment be conducted.
   4. Managers and supervisors of retail employees must communicate to employees within their units the appropriate emergency exits and meeting places to be utilized in the event of workplace violence.

B. Reporting Workplace Violence Incidents

1. Any University employee who witnesses or becomes aware of a workplace violence incident, or who believes a threat or act of physical or verbal violence against any person is imminent, must immediately report that behavior to the Department of Public Safety, and their supervisor.
   1. Where there is an immediate threat to the safety of the employee or others, or if a serious injury has occurred, the employee should immediately call or text the Department of Public Safety at (585) 275-3333 (x13 for emergent situations from a University telephone). Offsite locations that do not have a dedicated DPS officer presence should contact 911 immediately and then notify DPS.
   2. When calling for assistance, the following information should be provided if available: location and description of incident/imminent threat.
   3. Where a workplace violence incident involves injuries, employees and supervisors should also complete the University of Rochester’s Employee Incident Report Form.
   4. Once in a place of safety, the employee must also notify their supervisor.

2. Situations involving employee misconduct that might present a safety risk to others should also be reported to Office of Human Resources.

C. Prohibition Against Retaliation

1. Retaliation against individuals who complain of workplace violence or the presence of factors or situations in the workplace that might place retail employees at risk of workplace violence, or who testify or assist in any proceeding under the law, is unlawful and prohibited.