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Risk Evaluation and Determination

Labor Law §27-b and the accompanying regulations require an agency to perform a risk evaluation and determination that includes:

• Record examination
• Administrative risk factors
• Evaluation of the physical environment

The agency must review past workplace violence incidents to identify patterns:

• In the type and cause of injuries
• Of injuries in a specific area within the workplace
• Of incidents involving specific operations or specific individuals

The agency must assess related policies, procedures, and work practices that impact risk of workplace violence. The agency, with participation of the AER, must evaluate the workplace locations to determine the presence of factors that potentially place employees at risk of workplace violence. Factors may include but are not limited to:

• Contact with the public
• Working late night or early morning hours
• Exchanging money with the public
• Working alone or in small numbers
• Uncontrolled public access to the work location

Copyright 2015
New York State Governor's Office of Employee Relations
New York State Department of State
Human Resources Management Training & Development