Assembly Bill A8934

2023-2024 Legislative Session

Relates to requiring training to reduce abusive conduct and bullying in the workplace

download bill text pdf

Sponsored By

Current Bill Status Via S3065 - Passed Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A8934 - Details

Law Section:
Labor Law
Laws Affected:
Add §27-e, Lab L

2023-A8934 - Summary

Requires training to reduce abusive conduct and bullying in the workplace as part of a written workplace violence prevention program.

2023-A8934 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8934
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in  relation  to  requiring  training  to
   reduce  abusive  conduct  and bullying, and cyberbullying in the work-
   place
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares that abusive conduct and bullying in the  workplace  undermines
 the  morale,  health,  dignity and well-being of public servants and can
 lead to stress, absenteeism, physical violence and reduced productivity.
 The legislature further finds and declares it is in the best interest of
 taxpayers that all state agencies, departments,  offices,  and  taxpayer
 supported  workplaces  are free from bullying and other abusive behavior
 and that annual training should be required to help reduce the incidence
 of bullying and abusive behavior in the workplace.
   § 2. The labor law is amended by adding a new section 27-e to read  as
 follows:
   §  27-E.  ABUSIVE  CONDUCT  AND  BULLYING  IN THE WORKPLACE PREVENTION
 TRAINING, REPORTING AND REMEDIATION.  1. FOR PURPOSES OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ABUSIVE  CONDUCT" SHALL MEAN THE VERBAL, NON-VERBAL, OR PHYSICAL
 CONDUCT OF AN EMPLOYEE TO ANOTHER EMPLOYEE THAT, BASED ON ITS  SEVERITY,
 NATURE AND FREQUENCY OF OCCURRENCE, A REASONABLE PERSON WOULD DETERMINE:
   (1)  IS  INTENDED TO CAUSE INTIMIDATION, HUMILIATION, MARGINALIZATION,
 OR UNWARRANTED DISTRESS; OR
   (2) RESULTS IN SUBSTANTIAL PHYSICAL OR PSYCHOLOGICAL HARM AS A  RESULT
 OF  INTIMIDATION, HUMILIATION, MARGINALIZATION, OR UNWARRANTED DISTRESS;
 OR
   (3) EXPLOITS AN EMPLOYEE'S KNOWN PHYSICAL OR PSYCHOLOGICAL DISABILITY.
 A SINGLE ACT DOES NOT CONSTITUTE ABUSIVE CONDUCT UNLESS IT IS ESPECIALLY
 SEVERE AND EGREGIOUS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-10-4
 A. 8934                             2
              

co-Sponsors

2023-A8934A (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Add §27-e, Lab L

2023-A8934A (ACTIVE) - Summary

Requires training to reduce abusive conduct and bullying in the workplace as part of a written workplace violence prevention program.

2023-A8934A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8934--A
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by  M. of A. BRONSON, SHIMSKY, LUNSFORD, RAGA, STECK, SANTA-
   BARBARA, SIMON, ARDILA, ZINERMAN, GLICK, DAVILA, PHEFFER AMATO, REYES,
   ALVAREZ, JENSEN -- read once and referred to the Committee on Labor --
   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:
 
   Section  1. Subdivisions 3, 4, and 5 of section 27-b of the labor law,
 as added by chapter 82 of the laws of  2006,  are  amended  to  read  as
 follows:
   3.  Risk  evaluation  and determination. Every employer shall evaluate
 its workplace or workplaces to determine  the  presence  of  factors  or
 situations in such workplace or workplaces that might place employees at
 risk  of  occupational  assaults and homicides. Examples of such factors
 shall include, but not BE limited to:
   a. working in public settings (e.g., social services or other  govern-
 mental  workers,  police officers, firefighters, teachers, public trans-
 portation drivers, health care workers, and service workers);
   b. working late night or early morning hours;
   c. exchanging money with the public;
   d. working alone or in small numbers;
   e. ABUSIVE CONDUCT AND BULLYING IN THE WORKPLACE;
   F. uncontrolled access to the workplace; and
   [f.] G. areas of previous security problems.
   4. Written workplace violence prevention program. Every employer  with
 at  least  twenty full time permanent employees shall develop and imple-
 ment a written workplace violence prevention program for  its  workplace
 or workplaces that includes the following:
   a.  a list of the risk factors identified in subdivision three of this
 section that are present in such workplace or workplaces;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04456-13-4
 A. 8934--A                          2
              

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