OLR Bill Analysis

sHB 5464

AN ACT CONCERNING STATE EMPLOYEES AND VIOLENCE AND BULLYING IN THE WORKPLACE.

SUMMARY:

This bill requires the administrative services commissioner to report annually, beginning January 1, 2012, on the number of state employee workplace violence and “abusive conduct” complaints and complaint outcomes. The bill defines a state employee as any employee in the executive, legislative, or judicial branch, but not contractors, subcontractors, or vendors.

The report must go to the governor and Labor Committee and include recommendations for administrative or legislative action related to the complaints.

It also requires the commissioner, or his designee, in consultation with the public safety, public works, and mental health and addiction services commissioners, or their designees, to establish policies and procedures for preventing, reporting, evaluating, and investigating complaints of abusive conduct occurring in the workplace between state employees (see BACKGROUND). This must be done within existing budgetary resources.

The bill defines abusive conduct in the workplace.

EFFECTIVE DATE: Upon passage

ABUSIVE CONDUCT

The bill defines abusive conduct as a state employee's conduct or single act in the workplace that is performed with malice and is unrelated to the state's legitimate interest, that a reasonable person would find hostile or offensive considering the severity, nature, and frequency of the conduct or the severity and egregiousness of the single act. Abusive conduct includes (1) repeated infliction of verbal abuse such as the use of derogatory remarks, insults, and epithets; (2) verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating; or (3) sabotaging or undermining a person's work performance.

BACKGROUND

Statewide Security Management Council and Violence in the Workplace Policy and Procedures Manual

Abusive conduct, along with other behaviors, is addressed by the Statewide Security Management Council, which by law must establish workplace safety standards and conduct security audits of state facilities (CGS § 4b-136). After Governor Rowland issued Executive Order No. 16 (1999), which addressed workplace violence, harassment, and intimidating behavior, the council issued a detailed “Violence in the Workplace Policy and Procedures Manual. ” The manual provides details for (1) preventive actions state agencies must take; (2) what constitutes violence or other inappropriate behavior; and (3) what steps must be taken to address workplace incidents of violence, threats, or harassment.

All executive branch agencies were required to adopt the manual. The Department of Administrative Services, which has broad authority in state employee personnel matters, incorporated the manual into its training for human resources personnel. The manual outlines the responsibilities of each agency's human resources office including responding to and investigating all complaints of workplace violence, threats, or potential violence.

Related Bill

SHB 5174 (File 31) requires the administrative services commissioner to develop an employee training program on workplace violence awareness, prevention, and preparedness. It requires all full-time state employees to attend this training.

COMMITTEE ACTION

Labor and Public Employees Committee

Joint Favorable Substitute Change of Reference

Government Administration and Elections Committee

Joint Favorable