Testimony delivered to the New York State Hazard Abatement Board by Darlyne Lawson, Vice President, Stations Department, Amin Khan, Vice President, TA Surface, Connie Friel, Vice President, MABSTOA, and, Bus Operators and Station Agents

We are Vice Presidents of Local 100, Transport Workers Union: Darlyne Lawson, VP for Stations has, 18 years in the system; Amin Khan, VP for TA Surface, has 10 in the system; and, Connie Friel, VP for MABSTOA, has over 30 years in the system. That is a combined 58 years working for New York City Transit, MTA. We are here to urge the Hazard Abatement Board to take immediate action to establish a regulation to protect our members and all public sector workers from morbidity and mortality caused by workplace violence.

Year 2002 New York State Law

In the 2002 legislative session, the State of New York recognized that the assaulting of public workers, in this case, bus operators, subway train operators and conductors, and ticket inspectors was a major problem which required legal protective action. The law, after passing both the Senate and Assembly, was signed into law by the Governor. In that legislative process, our union presented the Bus Operator Action Committee Report [BOAC], a joint committee report by management and labor, which included recommendations to reduce Bus Operator Accidents. In that Report, the NYCT reported for the period between 1999 and 2001, 435 assaults, 168 resulting in "lost time;" and 66 with the operator being taken to the hospital. But, that 66 hospitalization figure is only for the year 1999. There were no similar figures for the years 200 and 2001. You can assume that same level, or a greater number of assaults continue for the year 2000 and the year to date. You can also assume that these figures are underreported by the NYCT.

Due this new law, our members are finally beginning to feel a little more safe and secure.

We are now in the process of extending these protections to Subway Token Agents. These workers face an extraordinarily high number of assaults. Keep in mind they are a clear target of robberies since they handle thousands of dollars each day. Confusion in handling the new Metro card often forces station agents out of their booths to help customers. We've been assaulted on these occasions. According to official NYCT reports, in the year 2002, 32 station agents were assaulted. Since these are the employer's figures, we are convinced the numbers are far higher given the chilling affect that our members face in reporting such occurrences.

We are convinced that subway cleaners should also be protected. Recently, our subway train conductors have suffered a rash of assaults that the employer callously disregarded. It took direct action on the part of the union to help brings those responsible to justice.

This legislative protection has carefully designed to punish anyone who violates the rights of our members by committing an assault. But, more needs to be done.

Daily Assaults Documented

Under our new labor contract, we receive, via e-mail, on a daily basis, every injury that takes place within our subway and bus system [not just so-called "lost time injuries"]. Assaults still remain far too high.

This new system of reporting injuries will make it far easier for our member's actual experiences to be documented for public review and action.

State Action Needed

We are asking the Hazard Abatement Board to hold a public hearing on the establishment of New York State regulations and rules protecting all public workers from assaults. Our members, all workers, need to have workplace safety and security while they conduct their assigned work duties.

Prevention is Key

Our union is particularly interested in the proposed regulation since it focuses on a preventive approach to this problem. Waiting for assaults to take place not our approach. We are tired of visiting our assaulted members in hospitals, witnessing the trauma that is often associated with the assault and attending funerals. We see a need for employers to conduct risk assessments of our jobs with design interventions that mitigate or terminate the dangers our members may face. From these activities, that should involve labor representatives on every level, comprehensive preventive programs can be developed, implemented, reviewed and updated on a routine basis.

Risk Assessement/Design Interventions: Bus Operators

For example, a simple risk assessment of bus operators cabs would reveal the reason why so many of them are easy victims of assaults. They are sitting ducks. By simply installing in new busses, and retrofitting old busses, a clear flexible plastic shield that an operator could voluntarily pull shut in case of a potential assault, assaults would be dramatically reduced. This new proposed regulation would force the NYCT/MTA to actually put real actions to their words of opposition to bus operator attacks. These are operational in the California Bay Area MUNI System.

Added Personal Testimony

Bus operations

Lisa Nixon: I would like to introduce Lisa Nixon a bus operator who was recently assaulted, but had her assault reduced and then "dismissed" as a misdemeanor by the Police Department. Bus operator Nixon has been working for NYCT 8 years. She is currently working at the East New York Bus Depot.

Station Agents

Mona Pierre: As a station agent, burned to death by customer which flame propellant. [delivered by Darlyne Lawson]

Harry Kaufman: As a station agent, was burned to death by customer with flame propellant. [delivered by Darlyne Lawson]

Ernest Hom: As a station agent, was physically attacked, outside the booth, while helping customer with a defective Metro Card. This was an attempted robbery.