New York State TRAINING MANDATES

FREQUENCY:
HOW OFTEN

WHO

Every employee, staff, faculty, student and volunteer who is on University property or who is engaging in official State University business or University Sponsored events

Internal Controls

According to the Internal Control Act, “Each agency (or campus, for us) should identify staff requiring internal control training and the depth and content of that training.  Such education and training should be on-going with specific courses directed at line staff, middle managers and executive management.  For organizations that have established internal audit functions, training and education should be offered on the appropriate role of the internal auditor within the organization’s internal control system.”

Source: New York State Internal Control Act, from the Office of the New York State Comptroller

SUNY is required to provide “on-going” Internal Controls training and education to all three levels of employees (line staff, middle managers and executive management), but there is no frequency specified/ mandated.  As such, it is a good idea for a campus to develop their own frequency of re-training.

Of note: In recent years, the Office of the State Comptroller, during an Internal Controls certification audit, made a key finding that the training had not been provided in several years.

WHO: Officers and employees within three levels of employees:

• line staff
• middle managers
• executive management

Of note: In recent years, the Office of the State Comptroller, during an Internal Controls certification audit, made a key finding that the training did not reach all three levels of employees.

Public Employer Workplace Violence Prevention
Campus Specific, since it is specific to the workplace itself
Every employer is to provide each employee with information and training on the risks of workplace violence in his or hers workplace or workplaces at the time of the employee’s initial assignment and at least annually thereafter.
Link: New York State Department of Labor, Information on the Workplace Violence Prevention Program
The regulation states "5. Employee information and training. a. Every employer with at least twenty permanent full time employees shall make the written workplace violence prevention program available, upon request, to its employees, their designated representatives and the department. b. Every employer shall provide its employees with the following information and training on the risks of occupational assaults and homicides in their workplace or workplaces at the time of their initial assignment and annually thereafter: (1) employees shall be informed of the requirements of this section, the risk factors in their workplace or workplaces, and the location and availability of the written workplace violence prevention program required by this section; and (2) employee training shall include at least: (a) the measures employees can take to protect themselves from such risks, including specific procedures the employer has implemented to protect employees, such as appropriate work practices, emergency procedures, use of security alarms and other devices, and (b) the details of the written workplace violence prevention program developed by the employer. VI. Training The [CAMPUS DESIGNATED LIAISON TO THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE] and all personnel designated to provide support for those in need of assistance shall complete OPDV’s one-day training on Domestic Violence and the Workplace.  All appropriate managers, supervisors, employee assistance professionals, human resources personnel, union and labor representatives and security staff will be encouraged to attend OPDV’s training on Domestic Violence and the Workplace.  Additionally, [CAMPUS] shall make available for staff training on domestic violence and its impact on the workplace using materials provided by OPDV through the campus, OPDV and/or a local domestic violence service provider when scheduling permits.
Source: N.Y. Lab. Law § 27-b; 12 NYCRR § 800.6

NOTE: An SLMStraining module  is available on SLMS, but according to the regulations, Workplace Violence Prevention training is supposed to be workplace specific, so individual campuses have to create own training for their physical locations.  For more on Workplace Violence and what it requires, see the Workplace Violence Compliance webpage.

Alcohol and Controlled Substances
GOER's policy on Alcohol and Controlled Substances in the Workplace encourages training to prepare supervisors to identify and address alcohol and drug problems.
Link to GOER Labor Relations page on the training

Cyber Security Training
Mandated for all users via NYS CSCIC’s Cyber Security Policy P03-002
Issued by the New York State Office of Cyber Security – mandated by GOER
With respect to User Training, the Cyber policy states that “all individuals with access to SE [State Entity] information must receive security awareness training to ensure they are knowledgeable of security procedures, their role and responsibilities regarding protection of SE information, and the proper use of information processing facilities to minimize security risks. The policy also states that an “information security awareness program must be developed, implemented and maintained that addresses the security education needs of all SE Employees.” The policy states that the awareness program “will be developed by the SE’s Information Security.” 
Source: Link to Policy

You Have A Right To Know Training - New York State Department of Labor
You have a right to know about the hazards you are exposed to in the workplace. This applies even in business office settings. The law requires that your employer make you aware of the hazards and provide you with the information you need to work safely. Under the federal Occupational Safety and Health Administration, Hazard Communication Standard, your employer must develop a comprehensive program to inform you of hazards you may encounter in the work place and also provide you with training in the use and handling of products containing hazardous chemicals. Additionally, public sector workplaces in NYS must meet the requirements of the NYS Right-To-Know law.
Source: Article 28 of NY Labor Law , Toxic Substances, Information, Training, and Education, Part 820 of Title 12 of the Official Compilation of Codes, Rules, and Regulations of the state of New York (Cited as NYCRR 820) and Article 28 of the New York State Labor Law.

JCOPE Ethics Training Mandated Ethics Training for FDS Filers

NOTE: This training is separate from the ethics training mandated by Executive Order 3, which is discussed above.  That training is very limited in scope as to WHO must take the training.  The JCOPE training has a wider scope, however, in that all FDS filers must take the training.  Furthermore, the training FDS filers must receive is the one prepared directly by JCOPE.

1. Comprehensive Ethics Training course

According to Executive Law Sec. 94(10)(a) Individuals who were FDS filers on or before August 15, 2011 are required to complete the Comprehensive Ethics Training course by August 15, 2013.  The Comprehensive Ethics Training course must be delivered LIVE and should take approximately 2 hours.  The statute requires that the JCOPE presentation, which has been prepared by JCOPE, is delivered in whole and in the same form. 
NOTE: The JCOPE presentation must be used in order to fully comply with this training requirement according to the statute.  The presentation has not yet been delivered to agencies in electronic format for use.

Each Agency also has a statutory requirement to TRACK and REPORT training on a yearly basis to JCOPE, to report to JCOPE which FDS filers have completed the training.

Live Synchronous Training, which is mandated by the law, has been defined by JCOPE as:

• Webinars: Provide one-way video or two-way audio
• Video Conferencing: allows two or more locations to communicate by simultaneous two-way video and audio transmissions.
• Traditional Classroom setting: Both the presenter and attendees are in the same location and are able to ask questions in real time.

2. Ethics Seminar: follow-up to Comprehensive Ethics Course
After the completion of the Comprehensive Ethics Training Course (listed above), FDS Filers are required to complete an ethics seminar every THREE years.  The Ethics Seminar is an update on any changes in applicable laws, regulations and policies.

Each Agency also has a statutory requirement to TRACK and REPORT training on a yearly basis to JCOPE, to report to JCOPE which FDS filers have completed the training.

1. Comprehensive Ethics Training:

Those individuals who were FDS filers on or before August 15, 2011, and completed the comprehensive ethics training, discussed above, by August 15, 2013, are required to complete the Ethics Seminar by  August 15, 2016.

2. Ethics Seminar Follow-Up

Those individuals who were FDS filers on or before August 15, 2011 are required to complete the Comprehensive Ethics Training course by August 15, 2013.

WHO is required to file an FDS, and therefore, take the mandated training:

• Individuals designated as policy makers by their Agency
• Employees with an annual salary rate in excess of the 'filing rate' of the SG-CSEA equivalent ($88,256 in 2011)
  • Part time employees whose annual full-time salary rate exceeds the filing rate (but whose actual compensation is less than the filing rate) ate still required to file an FDS

New York State TRAINING RECOMMENDATIONS

Domestic Violence in the Workplace
Executive Order Requiring the Adoption of Domestic Violence and the Workplace Policies, Executive Order 19, issued October 2007
Training is not Specifically mandated by the Executive Order, but State agencies are charged with increasing awareness of Domestic Violence

Each state agency, in formulating its Domestic Violence and the Workplace policy, shall give due regard to the importance of increasing awareness of domestic violence and informing employees of available resources for assistance; ensuring that personnel policies and procedures are fair to domestic violence victims and responsive to their needs; developing workplace safety response plans; complying with State and federal law including restrictions of possession of firearms by a person convicted of a domestic violence related crime or subject to an order of protection; encouraging and promoting domestic violence education and training for employees; and holding accountable employees who misuse state resources or authority or violate their job duties in committing an act of domestic violence.

Source: New  York State Office for the Prevention of Domestic Violence, Executive Order Requiring the Adoption of Domestic Violence and the Workplace Policies

Training available on on SLMS

Equal Opportunity Employer Training
GOER has been mandating Equal Employment Opportunity Training for all state agencies, but SUNY has been EXCLUDED from this mandate. Nonetheless, it is advisable to have employees complete the training, and GOER is SUNY to do so.

Below is the link for the Intranet version of the EEO Rights and Responsibilities course:

A version of GOER’s Equal Employment Opportunity course has been created for use on an Intranet.  This version is essentially the same as the online course.  The only difference is that the certificate is included in the course for Intranet because learners will not have access to the certificate in SLMS. The files are available here from the web. After clicking on the link, select “Save” from the File Download dialog box, and save the file to your location. After downloading, unzip the folder, publish the files to the intranet server, and set up a page link to launch “index.html.”