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#Workplace Bullying Laws

Pennsylvania anti-bullying Healthy Workplace Bill makes 11 bills in 10 states in 2015

Monday, April 27th, 2015

Pennsylvania state Rep. Mark Cohen, along with seven co-sponsors, introduced HB 1041 on April 21, 2015.

PA joins other states Texas, New York, Massachusetts, and Minnesota with versions of the WBI anti-bullying Healthy Workplace Bill (HWB) that include employer liability for enabling a health-harming abusive work environment.

In 2015 alone 11 bills have been introduced in 10 states. Since 2003, 29 states and two territories have introduced some version of the HWB.

If you are a Pennsylvanian, go to the State Page for all contact information for lawmakers co-sponsors and the key members of the House Labor and Industry Committee. Thank sponsors and encourage committee leaders to hold a public hearing for the bill, HB 1041.

Vermont enters the race to pass first complete anti-bullying Healthy Workplace Bill

Sunday, April 12th, 2015

For some reason, Vermont lawmakers sponsoring a paid sick leave bill appropriated our the WBI bill name Healthy Workplace Bill in 2015. We support paid sick leave, but care most about ending health-harming abuse in the workplace.

Now comes Vermont Senate bill S 143 An act relating to protecting employees from abuse at work. WBI thanks sponsor Sen. Anthony Pollina. Tenacious Vermont State Coordinator, Sherrill Gilbert, has worked for several sessions to have the HWB not only introduced but heard in committee. Despite the formation of a task force in past years, the historically progressive state has failed to take definitive action against this scourge.

The bill has been referred to a Senate committee on which a former sponsor sits. We await scheduling of a public hearing at which Vermonters can testify about the need for a state law.

In 2015, VT S 143 is the 9th bill to be introduced across the states. Vermont joins Texas, New York, Massachusetts and Minnesota with complete versions (with employer liability) of the Healthy Workplace Bill.

Details of the bill can be found at the VT State Page of the Healthy Workplace Bill website.

Firing of coworker who drove correctional officer to suicide upheld

Thursday, April 2nd, 2015

WBI: Justice is about to be meted out in Madison Wisconsin three years after Philip Otto took his own life though he was close to retirement from the WI Department of Corrections. Otto had transferred from one facility to another. The climate at Oakhill represented by the actions of several coworkers and led by one supervisor was extremely toxic and unwelcoming. After his death, investigations were conducted leading to terminations of key coworkers. The supervisor was allowed to retire. One captain was reinstated. Other workers filed an appeal with the Wisconsin Employment Relations Commission asking for reinstatement. The hearing examiner Stuart Levitan heard testimony during 16 days in 2013. I reviewed the record and testified on behalf of the State concluding that the fired employees (Rachel Koester, Matthew Seiler and Justyn Witscheber) had demeaned, harassed, bullied and disgraced their peer, Mr. Otto, who had transferred recently to their facility new to the place, but a veteran corrections officer. Progress in the case reported below is that the hearing examiner ruled Rachel Koester was justly terminated, according to a pending decision released on March 4. Gary Namie

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Examiner: Firing of Oakhill Guard Following Suicide Was Proper

By Dee J. Hall, Wisconsin State Journal , March 31, 2015

A hearing examiner has determined that the state Department of Corrections properly fired a guard who allegedly shunned and belittled a fellow officer who later committed suicide.

Philip Otto, 52, killed himself in March 2012 after what his wife, daughter and co-workers described as a pattern of bullying by fellow employees at Oakhill Correctional Institution.

The 20-year DOC veteran’s death came just months before he planned to retire with full benefits, his wife, Peggy Otto, told the State Journal in 2012.

In the proposed decision dated March 4, Wisconsin Employment Relations Commission examiner Stuart Levitan found the firing of correctional officer Rachel Koester was justified. He cited an internal investigation launched after Otto’s death in which dozens of Oakhill staffers were interviewed.

Utah mandates Abusive Conduct training for state workplaces!

Wednesday, April 1st, 2015

Utah HB 216, sponsored by Rep. Keven Stratton, sailed through the House and Senate and was signed into law by Gov. Gary Herbert. The training mandate law drew its definition of abusive conduct from the WBI Healthy Workplace Bill.

Abusive conduct means verbal, nonverbal, or physical conduct of an employee to another employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress or results in substantial physical or psychological harm as a result of intimidation, humiliation, or unwarranted distress; or exploits an employee s known physical or psychological disability.

The law requires state agencies to train supervisors and employees about how to prevent abusive conduct. Biannual training must include the definition of abusive conduct, its ramifications, resources available and the employer s grievance process. In addition, professional development training will also cover ethical conduct and leadership practices based on principles of integrity. The law takes effect July 1, 2015.

Trace the bill s route through the legislative process. WBI thanks the sponsoring Representative, Sen. Ted Weiler who ushered the bill through the Senate, the Governor, and State Coordinator Denise Halverson and citizen lobbyists who participated in committee hearings.

Utah is the second state to pass a training-only law to begin to address abusive conduct in the workplace. Utah s bill is superior to Calfornia s training-only bill of 2014.

Here s the current legislative HWB map as of 4/1/15