OSHA Inspection: NYSDOCS GREENE CORRECTIONAL FACILITY

Issued

Dec 26, 2007

Abate by

May 8, 2008

General-duty citation text

NYSLL  Article 2 Section 27(a)(3)(a)The employer did not furnish
to each of its employees, employment and a place of employment
which are free from recognized hazards that are causing or are
likely to cause death or serious physical harm to its employees
and which will provide reasonable and adequate protection to the
lives, safety and health of its employees.  In applying this
paragraph, fundamental distinctions between private and public
sector employment have been recognized."
a) NYSDOCS Greene Correctional Facility- 1.The employer failed
to implement sufficient controls and safeguards necessary to
adequately protect its civilian employees from the hazard of
being assaulted by inmates during the performance of their
assigned work duties.  Civilian employees, including but not
limited to nurses, teachers, social workers, psychologists and
maintenance workers, are routinely exposed to this hazard
throughout the facility.
2.The above hazard is clearly recognized by both the employer
and the industry. This hazard is recognized by New York State
which has enacted legislation creating a new Section  27-b of
State Labor Law that requires public employers to develop and
implement programs to prevent and minimize workplace violence
caused by assaults and homicides. Employees who work with
unstable or volatile persons in criminal justice settings are
specifically addressed as those who face higher risks.
3. Severe physical and psychological injuries, rape, or death
could reasonably result from civilian    employees being
assaulted by inmates.
4. Reasonable and adequate methods to abate this hazard may
include, but are not limited to, the following:
The development and implementation of a Work place Violence
Prevention Program which would include the following elements :
a)A risk assessment performed by the employer and authorized
employee   representatives.
b)A list of the risk factors found.
c)The methods used to prevent violent incidents and initial
and annual training on workplace violence prevention measures.
This includes the development and implementation of engineering
and administrative controls such as but not limited to the
following:
i)Procedures to ensure effective reporting and timely repairs
of malfunctioning safety equipment such as cell door lock status
indicator lights in S -200.
ii)Retro - reflective markings on jambs of S -200 cell doors to
more clearly indicate when a cell door is ajar or open.
iii)Mandatory use of personal alarm device for civilians
entering S -200 galleries.
iv) Implementation of clear and concise guidelines for
employees that stress observation and awareness when entering a
potentially hazardous area.
v) Procedures on how employees should react when a potentially
hazardous situation is discovered.