UNITED STATES
DEPARTMENT OF LABOR

Text For Citation: 01 Item/Group: 001 Hazard:

OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(1) of the Occupational Safety and Health Act of 1970: the employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazard of workplace violence. (a) 201 Varick Street, NY, NY: FJC Security Services, Inc. Protective Security Officers (PSOs), as a result of job duties including observing and challenging individuals who are taking part in actions they determine to be suspect and protecting life and property within 201 Varick Street, NY, NY, were exposed to work place violence hazards associated with active shooters, attacks with other prohibited weapons such as knives, or unarmed assault. On August 21, 2015, a PSO assigned to Post 1 West Houston Street entrance was fatally wounded by an Active Shooter. Among other methods, feasible and acceptable means to abate the workplace violence hazards at 201 Varick Street, NY, NY to include compliance with United States Department of Homeland Security Contract HSHQE2-12-R-0001 as well as developing and implementing a Workplace Violence Prevention Program (WPV-PP) to ensure that PSOs are adequately prepared to respond to active shooter scenarios and other scenarios involving potential workplace violence. This WPV-PP shall include: 1. Worksite Analysis and Assessment: A. Conduct a thorough and task-specific worksite hazard assessment regarding workplace violence, which includes the following: a site assessment, employee input, input from appropriately knowledgeable third parties, review and analysis of incident reports, minutes from staff meetings on safety and security issues, and program surveillance. When deficiencies are identified ensure that corrective action is taken in a timely manner. B. Conduct a thorough assessment to identify security issues. Ensure that findings and recommendations are communicated to responsible parties for follow up and action. C. Evaluate access controls in use at 201 Varick Street. Ensure that findings and recommendations are communicated to responsible parties for follow up and action. D. Implement, maintain or improve the system and procedures to perform a root cause analysis or incident review for each incident of work-place violence. Analyze, review and evaluate the data collected to identify patterns and trends. The analysis should be used to identify and implement control measures needed to reduce the likelihood or eliminate the possibility of an incident of workplace violence from occurring. Control measures must be implemented in a timely manner. 2. Engineering Controls: A. Evaluate need for engineering controls, such as, but not limited to ballistic booths or shields. Ensure that requests for additional engineering controls are communicated to responsible parties for follow up and action. B. Ensure there is a system implemented so that each Protective Security Officer can communicate any incident of workplace violence to the Federal Protective Service MegaCenter. Arrange for a reliable response system when alarm is triggered or communication indicates an emergency or potential incident of workplace violence. 3. Administrative Controls: A. Develop and implement an effective and comprehensive Workplace Violence Prevention Program that includes management commitment, union and employee involvement, worksite analysis, hazard prevention and control, incident reporting and review, safety and health training, recordkeeping and program evaluation. B. Perform a sufficient daily inspections of the facility to assess the overall security posture of the Protective Security Officer guard force. Ensure that findings and recommendations are communicated to responsible parties for timely follow up and action. C. Conduct inspections of posts and audit records, and take immediate corrective action upon determination of any deficiencies. D. Audit Protective Security Officer training curriculum to ensure the effectiveness of FJCs instructors and FJC training programs. When deficiencies are identified, ensure that corrective action is taken in a timely manner. E. Conduct Readiness Evaluation Drills (RED), designed to ensure that the Protective Security Officer force and program management are properly prepared to respond to potential breaches and threats to security. When deficiencies are identified, ensure that corrective action is taken in a timely manner.