ASSEMBLY, No. 1658

STATE OF NEW JERSEY

INTRODUCED MARCH 4, 1996

By Assemblyman DORIA, Assemblywoman FRISCIA and Assemblyman Dalton

An Act concerning workplace violence and supplementing Title 2C of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. This act shall be known and may be cited as the "Workplace Violence Safety Act."

    2. For the purposes of this act:

    "Employer" means any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly on behalf of or in the interest of an employer with the employer's consent and shall include all branches of State Government, or the several counties and municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof;

    "Employee" means any individual who performs services for and under the control or direction of an employer for wages or other remuneration and includes any volunteer or independent contractors who perform services for the employer at the employer's worksite.

    "Credible threat of violence" is an explicit or implicit threat made with the intent and the apparent ability to carry out the threat, so as to cause the person who is the target of the threat to reasonably fear for that person.

    3. a. Any employer, whose employee has been a victim of an assault, harrassment, stalking or has suffered a credible threat of violence from any individual, which can reasonably be construed to be carried out or to have been carried out at the workplace, may seek emergency ex parte relief in the nature of a temporary restraining order on behalf of the employee.

    b. A judge may issue a temporary restraining order upon good cause shown, which shall remain in effect until a judge issues a further order. The court shall hold a hearing on an emergency order within 10 days. A temporary order hereunder may be dissolved or modified on 24 hours notice.

    c. An order granting emergency relief, together with the complaint or complaints, shall immediately be forwarded to the appropriate law enforcement agency for service on the defendant, and to the police of the municipality in which the plaintiff resides and shall immediately be served upon the defendant by the police, except that an order issued during regular court hours may be forwarded to the sheriff for immediate service upon the defendant in accordance with the Rules Governing the Courts of the State of New Jersey. If personal service cannot be effected upon the defendant, the court may order other appropriate substituted service.

    d. Within 10 days of filing the complaint requesting injunctive relief, the court shall hold a hearing. At the hearing, if the person allegedly making threats is a current employee of the entity requesting the temporary restraining order, the court shall receive evidence concerning the employer's decision to retain, terminate, or otherwise discipline the person.

    e. In any proceeding in which a temporary restraining order is sought the court may issue an order granting any or all of the following relief:

    (1) An order restraining the defendant from making any communication likely to cause annoyance or alarm including, but not limited to, personal, written or telephone contact with the victim or other family members, or their employer or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.

    (2) An order forbidding the defendant from possessing any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1.

    (3) An order requiring the defendant to pay a fine or reimburse the victim for any reasonable medical expenses, including reasonable counseling costs.

    (4) An order granting any other appropriate relief.

    f. Any temporary or permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

    4. Any person who violates any order issued pursuant to this act shall be guilty of a disorderly persons offense.

    5. Notwithstanding any other provision of law to the contrary, an employer shall develop and approve a training course and curriculum concerning the handling, investigation and response procedures concerning reports of credible threat of violence in the workplace. This training course and curriculum shall be reviewed at least every

two years and modified by the employer from time to time as need may require.

    6. The Department of Labor shall develop and approve a training course and curriculum concerning the handling, investigation and response procedures concerning reports of credible threat of violence in the workplace. This training course and curriculum shall be reviewed at least every two years and modified by the department from time to time as need may require, and shall be made available to all state agencies.

    7. This act shall take effect immediately.

STATEMENT

    This bill, the "Workplace Violence Safety Act," would allow employers to seek emergency ex parte relief in the nature of a temporary restraining order on behalf of an employee who has been a victim of an assault, harassment, stalking or who has suffered a credible threat of violence.

    Under the provisions of the bill, in any proceeding where a temporary restraining order is sought, the court may issue an order restraining the defendant from making any communication likely to cause annoyance or alarm, including contacting the victim or others with whom communication would be likely to cause annoyance or alarm. In addition, the court may issue an order forbidding the defendant from possessing any firearm or issue an order requiring the defendant to pay a fine or reimburse the victim for any reasonable medical expenses, including reasonable counseling costs or any other appropriate relief. Any person who violates any order issued pursuant to this act would be guilty of a disorderly persons offense.

    The bill would also require employers to develop and approve a training course and curriculum concerning the handling, investigation and response procedures concerning reports of credible threats of violence in the workplace. The Department of Labor would also be required to develop a curriculum and training programs.

Establishes the "Workplace Violence Safety Act."