New York Public Employers Face New Workplace Violence Prevention Duties

Quick Hits

• Expanded Risk Evaluation: Public employers will have to include “abusive conduct and bullying” in their workplace risk evaluations.
• Enhanced Reporting Systems: Existing reporting systems for incidents of aggressive behavior will have to be amended to include reporting “abusive conduct and bullying.”
• Broader Training Requirements: Existing training requirements will be expanded to require training on how to identify, prevent and report workplace “abusive conduct and bullying.”
• Lack of Definitions: The bill does specifically define “abusive conduct” or “bullying,” which may render compliance more challenging.

The proposed amendment would require public employers to include “abusive conduct and bullying” in addition to other factors required to be evaluated and addressed under the existing law. On February 14, 2025, the New York Senate introduced Senate Bill (S) No. 4925, an identical version of A4936. This is a sign that the proposed amendment has support in both legislative houses.

Expanded Risk Evaluation

Section 27-b of the Labor Law requires public employers to evaluate their workplaces for factors that might place employees at risk of occupational assaults and homicides. The bill would add “abusive conduct and bullying” to the list of risk factors that employers must consider. This proposed expansion underscores the growing recognition of psychological safety as a critical component of workplace safety and health and workplace violence prevention.

Enhanced Reporting Systems

Section 27-b also requires public employers that have at least twenty full-time permanent employees to develop and implement a written workplace violence prevention program that includes a list of the risk factors noted above, and the methods that the employer will use to prevent workplace assaults and homicides. The bill would require public employers to amend existing reporting systems for incidents of aggressive behavior to include cases of “abusive conduct and bullying.” Public employers would need to develop clear protocols and designate competent and responsible personnel to manage these reports.

Broader Training Requirements

The bill stipulates that public employers’ written workplace violence prevention programs would have to provide employees with information and training on preventing and reporting workplace “abusive conduct and bullying.” Care would be required to ensure that this information and training was provided upon hire and annually thereafter. The bill states that the training should cover “how to identify and report workplace bullying and abusive conduct,” an obligation that would be added to the already existing requirement that employers include “measures employees can take to protect themselves from such risks, including specific procedures the employer has implemented to protect employees.”

Lack of Definitions

One critical aspect of the bill is its failure to define “abusive conduct and bullying.” This omission could lead to challenges in compliance, as public employers may struggle to determine what behaviors fall under these categories. Without clear definitions, there is a risk of inconsistent application and potential legal disputes. There is also a risk that certain employees will allege “abusive conduct and bullying” against supervisors and managers who are simply engaging in normal performance management. Public employers may need to seek legal guidance to develop their own definitions and ensure they are aligned with the bill’s intent.

Insights for Public Employers

The bill is still in an early stage of development. While the fact that both the Assembly and Senate are considering identical bills is an early sign of support, further legislative steps are required before it becomes law. This may include additional requirements or clarification on what constitutes “abusive conduce and bullying.” As this bill moves closer to becoming law, public employers can consider including abusive conduct and bullying as a factor in their workplace evaluations. While the existing law does not require any specific action yet, early evaluations can streamline future compliance in the event it becomes necessary.

Ogletree Deakins’ New York office, Workplace Safety and Health Practice Group, and Workplace Violence Prevention Practice Group will continue to monitor developments and provide updates on the New York, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.

Additionally, the Ogletree Deakins Client Portal provides subscribers with timely updates on workplace violence prevention requirements, including those in New York. Premium-level subscribers have access to our New York Workplace Violence Prevention Plan Template Package, which includes a model policy, training, hazard assessment, notice, and more.

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