Bill Text: NH HB488 | 2015 | Regular Session | Introduced
Bill Title: Relative to an abusive work environment and the health and safety of public employees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-11-12 - Committee Report: Inexpedient to Legislate for Jan 6 (Vote 12-0; Regular Calendar); House Calendar 67, PG. 21 [HB488 Detail]
Download: New_Hampshire-2015-HB488-Introduced.html
HB 488 - AS INTRODUCED
2015 SESSION
15-0506
06/09
HOUSE BILL 488
AN ACT relative to an abusive work environment and the health and safety of public employees.
SPONSORS: Rep. Schuett, Merr 20; Rep. A. Turcotte, Merr 22; Rep. Emerson, Ches 11; Rep. Irwin, Sull 9; Rep. Alicea, Merr 8; Sen. Reagan, Dist 17; Sen. Carson, Dist 14
COMMITTEE: Executive Departments and Administration
This bill:
I. Establishes a commission to develop an abusive work environment prevention policy.
II. Directs the director of the division of personnel to enforce the policy.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0506
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to an abusive work environment and the health and safety of public employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Abusive Work Environment; Purpose Statement. The state of New Hampshire is committed to providing a positive work environment for state employees free from intimidation, ridicule, and harassment. The abuse of employees in the workplace is declared to be against public policy. Such harassment can inflict serious harm upon targeted employees such as increased stress and anxiety, concentration problems, loss of self-confidence and reduced performance, reduced quality of family life, depression, or a sense of isolation, and in extreme cases, risk of suicide. Abusive work environments can have serious consequences for employers including reduced employee productivity and morale, higher turnover and absenteeism rates, unsafe work environment, and increases in medical and worker compensation claims. If mistreated employees who have been subjected to abusive treatment at work cannot establish that the behavior was motivated by age, sex, race, creed, color, marital status, familial status, physical or mental disability, national origin, or sexual orientation, they are less likely to be protected by the law against such treatment. Protection from abusive work environments should not be limited to behavior grounded in protected class status as that provided by employment discrimination statutes, and there does not exist in New Hampshire law appropriate pathways to provide adequate relief to employees who have been harmed by abusive environments. Therefore, it is necessary to prevent and respond to abusive mistreatment of state employees at work.
2 Abusive Work Environments. Amend the chapter heading of RSA 275-E to read as follows:
CHAPTER 275-E
WHISTLEBLOWERS’ PROTECTION ACT AND ABUSIVE WORK ENVIRONMENTS
3 New Subdivision; Abusive Work Environment. Amend RSA 275-E by inserting after section 9 the following new subdivision:
275-E:10 Definitions. In this subdivision:
I. “Abusive conduct” is conduct that creates an abusive work environment and means an ongoing pattern of actions of an employee or a group of employees directed towards an employee or group of employees which are intended or highly likely to intimidate, degrade, or humiliate the victim. Such actions may be overt or covert behavior, or both. A single event may qualify as abusive conduct if it is particularly egregious.
II. “Abusive work environment” means an employment condition where any employee or group of employees subjects another employee or a group of employees to abusive conduct so severe that it causes tangible harm.
III. “Employee” shall mean any full- or part-time, classified or unclassified officer or employee of any branch, department, commission, bureau, institution, agency, or instrumentality of the state.
IV. “Employer” means any branch, department, commission, bureau, agency, agent, or instrumentality of the state of New Hampshire, but shall not mean any political subdivisions of the state.
275-E:11 Commission Established; Abusive Work Environment Prevention Policy. There is established a commission that shall, within 6 months after the effective date of this subdivision, develop and deliver a written policy prohibiting abusive conduct in the workplace to the division of personnel in the department of administrative services.
I. The members of the commission shall be:
(a) Three commissioners representing New Hampshire state agencies, appointed by the governor.
(b) The chief of the bureau of education and training in the division of personnel.
(c) The president of the State Employees’ Association of New Hampshire, or designee.
(d) The president of the New Hampshire Troopers Association, or designee.
(e) The president of Teamsters Local 633, or designee.
(f) The president of the New England Police Benevolent Association, or designee.
II. The chief of the bureau of education and training shall be the chairperson and shall call the first meeting within 30 days after the effective date of this section. Five members shall constitute a quorum.
III. This policy shall include at minimum:
(a) A clear policy statement prohibiting abusive conduct.
(b) A statement prohibiting retaliation against a targeted employee, witness, or anyone who in good faith provides information about incidents of abusive conduct.
(c) A procedure which identifies all persons to whom an employee may report abusive conduct whether he or she is targeted or not. Such a procedure shall permit an employee to bypass his or her direct supervisor to report concerns of abusive conduct in the workplace.
(d) A statement that written complaints related to abusive conduct by employees shall be filed within 25 work days of the occurrence.
(e) A procedure for employees to request and receive trained conflict resolution assistance within the workplace whether a formal complaint of abusive conduct is filed or not.
(f) A procedure for reporting investigation conclusions to the targeted employee or employees, the employee or employees alleged to have engaged in abusive conduct, and the head of the department.
(g) A neutral and timely appeals process to the director of personnel of the department of administrative services.
(h) A requirement that all documentation regarding the initial claim and all follow-up investigations be provided to the director of personnel of the department of administrative services as appropriate for appealed cases.
(i) A requirement to distribute the policy to all new and current employees immediately upon adoption, and to train each employee and supervisor upon hiring or promotion and annually thereafter.
(j) A provision for annual policy review and provision for change if needed.
IV. A copy of the written policy shall be submitted to the chairpersons of the house and senate executive departments and administration committees and the director of the division of personnel within 6 months of the effective date of this subdivision.
275-E:12 Enforcement. The director of the division of personnel shall enforce the policy established by the commission established in RSA 275-E:11 that was in effect on the effective date of this subdivision.
275-E:13 Private Right of Action. Nothing in this subdivision is intended to create a private right of action, or to exclude a private right of action under other law or regulation.
275-E:14 Collective Bargaining Agreements. Nothing in this chapter is intended to abrogate or violate rights or provisions of collective bargaining agreements between the state of New Hampshire and the exclusive representatives of its employees.
4 New Paragraph; Powers and Duties of Commissioners. Amend RSA 21-G:9 by inserting after paragraph VI the following new paragraph:
VII. Commissioners shall ensure that all employers as defined in RSA 275-E:10, IV shall comply with all requirements outlined in the written policy enforced under RSA 275-E:11-14.
5 Repeal. RSA 275-E:11, relative to the committee to develop an abusive work environment prevention policy, is repealed.
6 Effective Date.
I. Section 5 of this act shall take 6 months after the remainder of this act takes effect.
II. The remainder of this act shall take effect upon its passage.
