December 21, 2023 — PEF responded quickly in late October to an exploding situation at the Office of Children and Family Services (OCFS) Industry Residential Center outside Rochester, following several serious assault incidents over two days. PEF Health and Safety staff, regional staff, members, and the newly elected OCFS Statewide Health & Safety Committee chair met to discuss the events and plan the union’s response.
In the course of several Zoom meetings, the group spoke with Industry staff members to piece together what happened, provide immediate support, and ask for what solutions they saw as necessary.
“PEF is currently investigating at least two events where members were seriously hurt,” said Leisa Abraham, PEF’s Region 3 coordinator and co-chair of the Statewide Article 18 Health & Safety Committee. “We are working to do everything we can to minimize the harm that can be done to our members.”
Joseph Robinson, an Education Director at Industry, was one of the assaulted members. The attack broke his orbital bone and resulted in several lost days of work. He said he was just doing what he thought he should do when he was attacked. “When it was time to lock-in, one of the youths refused and resisted,” Robinson said. “I used the proper restraints OCFS trained me on, but he did end up hitting me in response.”
Robinson also said he believes that the youth who assaulted him knew that there were not enough staff working that day and there would be no rapid response. Still, Robinson said, he “was trying to be of use” to his fellow employees.
PEF’s fact-finding mission following the incident revealed that there are several areas in the facility that frequently have incidents, and that more data is needed about the impact they are having on the youth held at facilities like Industry. Robinson’s assailant is over 18, but there is concern that legal adults — up to the age of 20 — are being housed in the same facilities, some awaiting transfer to the Department of Corrections when they turn 21.
“The Raise the Age legislation has not been implemented in a manner that makes sense. Twenty-year-olds don’t belong in the same treatment units with much younger peers,” said PEF Vice President Randi DiAntonio during the November Zoom call. “We need to examine these admission decisions and ask legislators and OCFS how they will keep staff and the kids at these facilities safe.”
Raise the Age was signed into law by New York in 2018 despite PEF’s objection. It changes the age at which youthful offenders can be held at OCFS facilities.
“While well intentioned, Raise the Age has led to serious unintended consequences,” said DiAntonio, who chairs PEF’s Statewide Political Action Committee. “PEF objected to the law’s requirement to comingle young adults, ages 18-20, with younger adolescent residents, ages 10-17, due to the dramatic differences in physical, psychological and social development between them. Those differences create an environment ripe for bullying and abuse.”
One thing was made clear in all the incidents: understaffing is a significant contributing factor that results in more assaults on staff as well as other youth in the facility. With no one to respond quickly to help Robinson or other staff when they need it, they are always at greater risk for more harm.
“We need to know what the agency or the facility management has done since the incident,” VP DiAntonio said. “Staffing is a critical component to making the workplace safer but that will take time. In the immediate timeframe, the State needs to take actions that show they care. We will never solve the staffing crisis if employees, new or seasoned, are afraid they’re going to get seriously assaulted when they come to work.”
Since the incidents, a PEF team conducted a walkthrough of the facility and met with local and agency management representatives to help develop a plan of action for long- and short-term solutions.
“The agency and facility need to focus on proactive preventive actions,” said PEF Field Representative Colin Phillips. “We especially need the facility to create an emergency response team and a new response protocol. The current model was not designed to provide care for residents over the age of 18.”
PEF is currently in talks with management to discuss changes to procedures and provide more clarity on the day-to-day impact on laws like Raise the Age. There are other short-term proposals including providing Personal Protective Equipment and better emergency communication equipment for use during dangerous and aggressive situations.
“The walkthrough was just the beginning of really good dialogue,” Region 3 Coordinator Abraham said. “I am confident that there will be strong long-term solutions the more we work with management and start statewide talks.”
Additionally, PEF is working with CSEA, since workplace violence potentially impacts everyone at a facility.
“We have serious concerns with the inadequate compliance with the Workplace Violence Prevention Standard at Industry,” said PEF Health and Safety Director Geraldine Stella. “Union and management representatives need to do a workplace violence post incident review after serious incidents such as these in order to determine what needs to be in place to prevent or mitigate future incidents. PEF was not included in that review and that needs to change.”
“One of the main stumbling blocks is that a number of titles that need to be staffed are not just PEF titles,” said Phillips. “Youth Support Specialists are CSEA titles. PEF members are doing out-of-title work to cover short staffing in another bargaining unit. PEF members who work as teachers or therapists do not spend as much time in direct contact with residents and may not always be aware of subtle conflicts or other factors between youths that can put both staff and residents at risk.
Robinson appreciates PEF’s response so far but recognizes that there is still more work to be done.
“I think everyone is doing the best they can here at Industry,” Robinson said. “Many of our more experienced veterans have retired or left the job, and that leaves more inexperienced staff to deal with an even more challenging clientele.”
While PEF, CSEA, and management work on solutions to ensure better workplace safety, Robinson and other members say they will continue to work together and do their best to take care of the youth in their care and stay safe while doing it.
Any member interested in getting involved with workplace violence prevention at their agency or facility should contact PEF Health & Safety at HealthAndSafety@pef.org.