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

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 4a-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) For the fiscal year ending June 30, 1999, and each fiscal year thereafter, the Commissioner of Administrative Services, in consultation with the Commissioner of Mental Health and Addiction Services and the Commissioner of Public Safety, shall, within the limits of available appropriations, provide an appropriate program of workplace stress and violence awareness, prevention and preparedness for state employees.

(b) On or before January 1, 2010, the Commissioner of Administrative Services, in consultation with the Commissioners of Mental Health and Addiction Services, Public Works and Public Safety, or their designees, shall, within existing budgetary resources, establish policies and procedures, in accordance with the Violence in the Workplace Policy and Procedures Manual, dated September 2007, for preventing, reporting, evaluating and investigating complaints of workplace violence involving state employees.

(c) On or before January 1, 2012, and biennially thereafter, the Commissioner of Administrative Services shall report, in accordance with section 11-4a, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to labor summarizing the number of complaints of workplace violence involving state employees and the outcomes of such complaints for the preceding two years. Such report shall include recommendations for administrative or legislative action related to such complaints.

Sec. 2. (NEW) (Effective October 1, 2009) As used in this section and section 3 of this act:

(1) "Abusive conduct" means conduct or a single act of a state employee 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, but is not limited to, (A) repeated infliction of verbal abuse such as the use of derogatory remarks, insults and epithets; (B) verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating; or (C) sabotaging or undermining a person's work performance;

(2) "State employee" shall mean all state agency personnel. It shall not mean contractors, subcontractors or vendors of this state.

Sec. 3. (NEW) (Effective October 1, 2009) (a) On or before January 1, 2010, in consultation with the Commissioners of Public Safety, Public Works, and Mental Health and Addiction Services, or their designees, and the Secretary of the Office of Policy and Management, or said secretary's designee, shall, within existing budgetary resources, establish policies and procedures for preventing, reporting, evaluating and investigating complaints of abusive conduct occurring in the workplace between state employees.

(b) On or before January 1, 2012, and biennially thereafter, the Commissioner of Administrative Services shall report, in accordance with section 11-4a of the general statutes, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to labor, summarizing the number of complaints of abusive conduct occurring in the workplace between state employees and the outcomes of such complaints for the preceding two years. Such report shall include any recommendations for administrative or legislative action related to such complaints.

Statement of Purpose:

To codify the existing policies and procedures for state employees for handling violence in the workplace and add language concerning abusive conduct in the workplace.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]