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Practices to Protect Bus Operators from Passenger Assault (2011)

Chapter: Appendix A - Supplemental Information

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Page 81
Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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Suggested Citation:"Appendix A - Supplemental Information." National Academies of Sciences, Engineering, and Medicine. 2011. Practices to Protect Bus Operators from Passenger Assault. Washington, DC: The National Academies Press. doi: 10.17226/14609.
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81 APPENDIX A Supplemental Information

82 State laws providing for specific penalties in connection with harming transit and school bus employees State Section Provision Penalty CA CA CA CA CA Cal Pen Code 190.25 transportation Murder of a worker. Cal Pen Code 212.5 Robbery of a transportation worker. Cal Pen Code 241.3 Assault of transportation worker or passenger. Cal Pen Code 243.3 Battery of transportation worker or passenger. Cal Pen Code 245.2 Assault with deadly weapon on transportation worker. Life without parole. First degree robbery. $2,000 fine, 1 year in jail, or both. $10,000 fine or 1 year in jail, or both. If injury occurs, up to 3 years prison. Up to 5 years prison. CO C.R.S. 32-9-160 Wrongfully interfering with any RTD employee in the proper discharge of his duties. Misdemeanor. Fine of not more than $300, or by imprisonment in the county jail for not more than 90 days, or both. CT DC Conn. Gen. Stat. § 14-223 §22-3751 et seq. Assault of Public Transit Employee Enhanced penalties for offenses committed against transit operators and Metrorail station managers. Class C felony Up to 1½ times the maximum term of imprisonment otherwise authorized by the offense, or 1½ times the maximum fine, or both.

83 St at e DC FL FL FL FL GA GA Section §22-1309 Fla St at 784.07 Fla St at 784.07 Fla St at 784.07 Fla St at 784.07 OCGA 16-5-20 OCGA 16-5-21 Pr ovisio n Notice of enhanced penalties. Assault of transit employee. Battery of transit employee. Aggravated assault of trans it employee. Aggravated battery of transit employee. Simple assault committed in a transit vehicle or station. Aggravated assault committed in a transit vehicle or station. Penalty Requires WM AT A to post signs regarding the enhanced penalties on all buses, trains, and at or near Metrorail station kiosks. 1st degree misdemeanor . 3rd degree felony . 2nd degree felony . 1st degree felony . Misdemeanor of a “high & aggravated nature.” 3 to 20 y ears in prison. GA GA GA HI ID OCGA 16-5-23 OCGA 16-5-23.1 OCGA 16-5-24 HRS 71 1- 11 12 ID Code 18-1522 Simple battery committed in a transit vehicle or station. Battery committed in a transit vehicle or station. Aggravated battery committed in a transit vehicle or station. Interference with operator of public trans it vehicle. Disruption or interference wi th school bus driver . Misdemeanor of a “high & aggravated nature.” Misdemeanor of a “high & aggravated nature.” 5 to 20 y ears in prison. Class ‘C’ felony . Misdemeanor .

84 State Section Provision Penalty IL IL 625 ILCS 50/1 720 ILCS 5/12-2 Requires a notice to be prominently displayed in each vehicle used for the transportation of the public for hire which must substantially state the following: “Any person who assaults or harms an individual whom he knows to be a driver, operator, employee or passenger of a transportation facility or system engaged in the business of transportation for hire and who is then performing in such capacity or using such public transportation as a passenger, if such individual is assaulted, commits a Class ‘A’ misdemeanor, or if such individual is harmed, commits a Class 3 felony.” Aggravated assault on a driver, operator, employee, or passenger of any transportation facility or system engaged in the business of transportation of the public for hire. N/A Class ‘A’ misdemeanor. IL 720 ILCS 5/12-4 Aggravated battery (intentionally or knowingly causing great bodily harm) to a driver, operator, employee, or passenger of any transportation facility or system engaged in the business of transportation of the public for hire. Class 3 felony. LA R.S. 14:34.5.1 Battery of bus operator or cable car operator while that person is on duty in course and scope of his or her employment. Fine not more than $500 and prison for not less than 48 hours nor more than 6 months without benefit of probation, parole, or suspension of sentence.

85 State Section Provision Penalty MA MD Mass Ann Laws Ch.265, Sect 13 D Md. Transportation Code Ann. § 7-705 Assault & battery on certain public officers & employees (including bus, trackless trolley, rail, or rapid transit motorman, operator, gateman, guard, or collector). Prohibited Acts: Obstruct, hinder, or interfere with the operation or operator of a transit vehicle, or railroad passenger car, or a person engaged in official duties as a station agent, conductor, or station attendant. 90 days to 2½ years prison or fine of $500 to $5000. Misdemeanor subject to a fine of not more than $1,000, imprisonment not exceeding 90 days, or both. MN MO MO Minn Stat 609.855 578.305 R.S. Mo 578.305 R.S. Mo Unlawful interference with transit operator. Assault with intent to commit bus hijacking (intimidation, threat, assault or battery toward any driver, attendant, or guard of a bus so as to interfere with the performance of duties by such person). Bus hijacking (seizure or exercise of control, by force or violence, or threat of force or violence, of any bus). Up to 3 years in prison or $5000 fine, or both if violation was accompanied by force or violence or a communication of a threat of force or violence. If no force or violence or threat of force or violence, up to 90 days in jail or fine not to exceed $700. Class ‘C’ felony. Class ‘A’ felony if a dangerous weapon is employed. Class ‘B’ felony.

86 State Section Provision Penalty NC G.S. 14-33(c)(7) Assault on a public transit operator, including a public employee or a private contractor employed as a transit operator, when the operator is discharging or attempting to discharge his or her duties. Class A1 Misdemeanor. NV NV NV NV Nev Rev Stat Ann 193.161 Nev Rev Stat Ann 200.030 Nev Rev Stat Ann 200.471 Nev Rev Stat Ann 200.481 Felony committed on a school bus while bus operator engaged in official duties. Murder of the first degree. Among other types of murder, it includes murder committed on a school bus while the bus operator was engaged in official duties. Assault on a transit operator. Battery of transit operator who sustains substantial bodily harm. Imprisonment for a term equal to & in addition to term prescribed by statute for that crime. Class ‘A’ felony. Gross misdemeanor. If assault is made with a deadly weapon, or the present ability to use a deadly weapon, upgraded to a ‘B’ felony (1–6 years prison or up to $5000 fine, or both). Class ‘B’ felony (minimum 2–10 years prison or up to $10,000 fine, or both). No substantial bodily harm needed if deadly weapon used. Gross misdemeanor if no substantial bodily harm & no deadly weapon.

87 State Section Provision Penalty NM NM NJ NY OH NM Stat Ann 30-7-12 NM Stat Ann 30-7-12 NJ Stat 2C:12-1 NY Penal Law 120.05, sub. 11 ORC Ann. 2903.13 Seizure or exercising control of a bus by force or violence or by threat of force or violence. Intimidating, threatening, or assaulting any driver of a bus with intent of seizing or exercising control of bus. Simple assault upon any operator of a motorbus or any employee of a rail passenger service, or school bus driver. Assault on train operator, ticket inspector, conductor, bus operator, or station agent while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus. Assault of a school bus driver. 3rd degree felony. 4th degree felony. Upgraded to 3rd degree aggravated assault if victim suffers bodily injury. 4th degree aggravated assault if no injury. 2nd degree assault. 5th degree felony. OK 21 Okl St. 1903 Using force or violence or threat of force or violence to seize or exercise control over a bus. Felony (up to 20 years prison or $20,000 fine, or both). Intent to seize control of bus by intimidation, threat, or assault punishable by ‘A’ felony (up to 10 years prison or $5,000 fine, or both). For either offense, the more severe penalty applies if deadly weapon is used.

88 State Section Provision Penalty OR PA ORS 163.165 18 Pa.C.S. § 2702 Assault in the third degree (including the causing of physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle). Intentionally, knowingly, or recklessly causing serious bodily injury to an employee of an agency, company, or other entity engaged in public transportation, while in the performance of duty. Class C felony. Felony of the 1st degree. RI RI Gen Laws 11-5-5 Assault of public officials (including Rhode Island Public Transit Authority bus drivers). Felony punishable by up to 3 years prison or $1,500 fine, or both. SC SC SC SC Code Ann 16-3-612 SC Code Ann 58-23-1830 SC Code Ann 59-67-245 Student committing assault & battery against school personnel (including bus drivers). Obstructing, hindering, interference with, or otherwise disrupting or disturbing the operation or operator of a public transportation vehicle. Interference with operation of a school bus (includes threats to driver). Misdemeanor punishable by up to 1 year in prison or up to $1,000 fine, or both. Misdemeanor. First offense: Up to 30 days jail or $200 fine. Second offense: Up to 60 days jail, or $500 fine, or both. Third or subsequent offense: Up to 90 days jail or $1,000 fine, or both. Misdemeanor ($100 fine or 30 days jail).

89 St at e Section Pr ovisio n Penalty TN TN Code Ann 39-13-102 Aggravated assault with intent to cause ph ys ical injur y to an employee of a transportation system while the transportation system employee is performing an assigned duty on, or directly related to, the operation of a trans it vehicle. Class A misdemeanor . UT UT WA WA UT Code Ann 76-10- 1504 UT Code Ann 76-10- 1504 Rev Code Wa sh (ARCW) 7.48.140 Rev Code Wa sh (ARCW) 9.66.010 Assault with intent to commit bus hijacking (intimidation, threat, assault, or battery toward any driver , attendant, or guard of a bus so as to interfere with the performance of duties by such person). Bus hijacking (seizure or ex ercis e of control, by force or violence, or threat of force or violence, of any bus). Interference with the provision or use of public transportation services, or obstructing or impeding a municipal transit drive r, operator , or supervisor in performance of duties. Interference with municipal transit vehicle or station. 2nd degree felony . 1st degree felony if dangerous weapon used. 1st degree felony . Public nuisance. Public nuisance.

90 State Section Provision Penalty WA WA WI Rev Code Wash (ARCW) 9.91.025 Rev Code Wash (ARCW) 9A.36.031 Wis Stat 940.20 Unlawful bus conduct (includes intentional obstruction of municipal transit vehicles or interference with provision of public transportation services. Assault upon a person employed as a transit operator or driver, immediate supervisor, mechanic, or security officer. Includes public or private transit company or a contracted transit service provider. Also includes assault on a school bus driver or mechanic employed by a school district transportation service. Battery to public transit vehicle operator, driver, or passenger.(Occurring on the vehicle, if offender forces victim to leave vehicle, or if victim is prevented from gaining access to the vehicle). Misdemeanor. 3rd degree assault (Class ‘C’ felony). Class ‘E’ felony. WV W. Va. Code § 61-2-10b Assault, battery, unlawful assault, or malicious assault on an employee of a mass transportation system acting in his or her official capacity. Jail time ranges from 24 hours to 15 years, depending on severity and number of violations.

91 St at e Section Pr ovisio n Penalty WV W. Va . Code § 61-2-16a Malicious assault; unlawful assault; battery and recidivism of battery; assault on a driver , conductor , motorman, captain, pilot, or other person in char ge of any vehicle used for public conveyance. Up to 15 y ears in prison. Pr epar ed by AT U Legislative De partmen t Updated July 26, 2010

92 Pierce Transit—Unlawful Transit Conduct Tacoma Municipal Code TMC 8.52.020 (numbers below) and the Revised Code of Washington RCW 9.91.025 (letters below) state a person is guilty of unlawful transit conduct and/or unlawful bus conduct if, while on or in a municipal transit vehicle as defined by RCW 46.04.355 as now or hereafter amended or reenacted, or in or at a municipal transit station, he or she: TMC (8.52.020) / RCW (9.91.025) 2. / b. Discards litter other than in designated receptacles; or 3. / c. Plays any radio, recorder, or other sound producing equipment, except that nothing herein shall prohibit the use of such equipment when connected to earphones which limit the sound to individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle or municipal transit station; or 4. / d. Spits or expectorates; or 5. / e. Carries flammable liquid, explosive, acid, or other article or material likely to cause harm to others; except that nothing herein shall prevent a person from carrying cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law. 7. / f. Intentionally obstructs or impedes the flow of municipal transit vehicles or passenger traffic, intentionally hinders or prevents access to municipal transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services; or In addition to these codes, TMC 8.52.020 also includes: 1. Smokes or carries a lighted or smoldering pipe, cigar, or cigarette; or 6. Consumes or is under the influence of any intoxicating beverage or illicit drug; or 8. Engages in loud, raucous, unruly, harmful, or harassing behavior that disturbs the peace, comfort, or repose of a reasonable person of normal sensibilities; or 9. Skates on roller skates or in-line skates, or rides in or upon or by any means a coaster, skateboard, toy vehicle, or any similar device; provided that a person may walk while wearing skates or carrying a skateboard while on or in a municipal transit vehicle or in or at a municipal transit station if that conduct is not otherwise prohibited by law; or 10. Engages in conduct not described in subsections 1 through 9 which is inconsistent with the intended use and purpose of the transit station or transit vehicle and refuses to obey the lawful command(s) of an agent of the transit authority or a peace officer to cease such conduct. Penalty. Any person violating this section is guilty of a misdemeanor. The penalty shall be a maximum fine of $1,000, incarceration for a term of 90 days, or both such fine and imprisonment. In addition to these codes, RCW 9.91.025 also includes: g. Intentionally disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior; or h. Destroys, defaces, or otherwise damages property of a municipality as defined in RCW 35.58.272 or a regional transit authority authorized by chapter 81.112 RCW employed in the provision or use of public transportation services. Unlawful Bus Conduct is a Misdemeanor. Assault in the Third Degree RCW 9a.36.031 A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree: (b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault. Assault in the third degree is a Class C Felony. For information about the State of Washington and the City of Tacoma’s Unlawful Transit Conduct Codes, visit http://www.piercetransit.org/alerts/rcw.htm. TMC (8.52.020) / RCW (9.91.025) 2. / b. Discards litter other than in designated receptacles; or 3. / c. Plays any radio, recorder, or other sound producing equipment, except that nothing herein shall prohibit the use of such equipment when connected to earphones which limit the sound to individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle or municipal transit station; or 4. / d. Spits or expectorates; or 5. / e. Carries flammable liquid, explosive, acid, or other article or material likely to cause harm to others; except that nothing herein shall prevent a person from carrying cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law. 7. / f. Intentionally obstructs or impedes the flow of municipal transit vehicles or passenger traffic, intentionally hinders or prevents access to municipal transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services; or

93 In addition to these codes, TMC 8.52.020 also includes: 1. Smokes or carries a lighted or smoldering pipe, cigar, or cigarette; or 6. Consumes or is under the influence of any intoxicating beverage or illicit drug; or 8. Engages in loud, raucous, unruly, harmful, or harassing behavior that disturbs the peace, comfort, or repose of a reasonable person of normal sensibilities; or 9. Skates on roller skates or in-line skates, or rides in or upon or by any means a coaster, skateboard, toy vehicle, or any similar device; provided that a person may walk while wearing skates or carrying a skateboard while on or in a municipal transit vehicle or in or at a municipal transit station if that conduct is not otherwise prohibited by law; or 10. Engages in conduct not described in subsections 1 through 9 which is inconsistent with the intended use and purpose of the transit station or transit vehicle and refuses to obey the lawful command(s) of an agent of the transit authority or a peace officer to cease such conduct. Penalty. Any person violating this section is guilty of a misdemeanor. The penalty shall be a maximum fine of $1,000, incarceration for a term of 90 days, or both such fine and imprisonment. In addition to these codes, RCW 9.91.025 also includes: g. Intentionally disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior; or h. Destroys, defaces, or otherwise damages property of a municipality as defined in RCW 35.58.272 or a regional transit authority authorized by chapter 81.112 RCW employed in the provision or use of public transportation services. Unlawful Bus Conduct is a Misdemeanor. Assault in the Third Degree RCW 9a.36.031 A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree: (b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault. Assault in the third degree is a Class C Felony.

94 Capital District Transportation Authority-Suspension of Service Policy & Procedures Effective on the date of adoption, the following policy and procedures shall govern any suspension of service provided by the Capital District Transportation Authority and/or its subsidiaries (“CDTA”): 1. 2. 3. 4. 5. a. b. c. In addition to other measures provided for violation of CDTA Rules of Conduct, or the laws of the State of New York, CDTA may suspend service to an individual from all facilities and conveyances for a violation of any provision of these CDTA Rules of Conduct, or a violation of any criminal law of the State of New York while using a facility or conveyance, for a period of time not to exceed six months. Conduct specified in paragraph 16 may result in a permanent ban from using CDTA service and/or facilities. Any Manager or Transit Supervisor of CDTA may issue a notice of Suspension of Service, as may any other person authorized by the General Manager or his designee based upon probable cause that an individual has engaged in conduct in violation of CDTA’s Rules of Conduct, in violation of any law of the State of New York, or in violation of the criminal law of a municipality in which the conduct occurred. The General Manager of CDTA is the Executive Director, or any person designated to serve as the Executive Director. The types of violations on which a suspension of service may be based are set forth in these Rules of Conduct. The duration of such suspension of service shall be dictated by the number of violations committed over a period of five years. There shall be a suspension of seven (7) days for a first violation, thirty (30) days for a second violation, ninety (90) days for a third violation, and one-hundred-eighty (180) days for each successive violation occurring in a five year period. The General Manager is further authorized to appoint a Hearing Officer(s), establish hearing procedures, and establish any other administrative requirements necessary to effectively implement the provisions of this Article. The General Manager is further authorized to review, investigate, invalidate or rescind any Suspension of Service, at any stage during, or after, the processing of a Suspension of Service, when the General Manager determines, in the General Manager’s sole discretion, that justice so requires. Nothing in this Chapter shall be interpreted as an abrogation or restriction of this discretion of the General Manager. A person whose access to CDTA facilities and conveyances is suspended under this Article may not during the period of suspension, enter or remain in any facility or on any conveyance from which said person’s service is suspended. An individual whose service is suspended who enters or remains upon any facility or conveyance may be charged with the crime of Criminal trespass in the third degree (N.Y Penal law section 140.10). An individual shall be provided notice concerning the rights to which the individual is entitled upon receipt of a Notice of Suspension of Service from a Manager or Supervisor. Such notice shall include: A statement of the source of rule or law violated by reference to the title of the violation or crime, by reference to the citation of the violation or crime, or both; An explanation of CDTA’s internal review procedure, a description of the hearing process, and an explanation of the evidentiary burdens; and A statement of the duration of the Suspension of Service, or alternatively, a statement of the mechanism by which the duration of the Suspension of Service may be determined in accordance with administrative rules promulgated by the General Manager. d. Every person who receives a Notice of Suspension of Service shall be entitled to an administrative review by the General Manager or his designee, provided that they demand such review within ten (10) business days from the date on which the Notice of Suspension of Service was issued. The purpose of the administrative review shall be to determine whether a violation of the Rules of Conduct occurred, and, if so, whether the duration of the suspension of service is appropriate. At such an administrative hearing, the manager or transit supervisor who issued the Suspension of Service shall have the burden of proving, by a preponderance of the evidence, that the Rules of Conduct were violated as well as any history of prior violations used to establish the duration of the suspension. At such a hearing the records, reports, and/or signed statements of witnesses, whether sworn or unsworn shall be accepted as evidence of the violation of the Rules of Conduct. The individual whose service has been suspended may present evidence in their defense but must demand, at the time that the hearing is demanded, the attendance of any CDTA employees. If the administrative review confirms that a Notice of Suspension of Service was issued in conformity with these rules, it shall be deemed valid, and the Suspension of Service shall take effect on the tenth (10th) day following the date of the administrative determination unless the Hearing Officer determines, in his or her sole discretion, that a later date is warranted or necessary.

95 6. 7. 8. 9. All Suspension of Services shall be subject to a stay pending administrative review and opportunity for a hearing. A stay on a Suspension of Service shall remain until the tenth (10th) day following the issuance of the Notice of Suspension of Service or, if a hearing has been requested, the date on which the Hearing Officer’s final order is effective following a hearing. Effect of a Failure to Schedule or Attend a Hearing. If a Notice of Suspension of Service is deemed valid by the Hearing Officer, and the person who has been issued the suspension fails to schedule a hearing or appear at a scheduled hearing, the Suspension of Service shall automatically take effect on the tenth (10th) business day following the issuance of the Notice of Suspension of Service, in accordance with the terms of the Notice of Suspension of Service. In conducting a hearing and reaching a decision, the Hearing Officer may rely upon any evidence that a reasonable person would rely upon in making an important decision or conducting personal business. Hearsay is admissible, except where its admission would offend due process. The Hearing Officer shall have the authority to compel testimony or evidence deemed necessary, in the Hearing Officer’s sole discretion, to a fair decision. The mechanisms available for compelling testimony or evidence shall be established through administrative rules promulgated by the General Manager. Notwithstanding any other provision of this Article, the General Manager, or his or her designee, upon a review of sufficient evidence, and the Hearing Officer, upon review of the Notice of Suspension of Service or the evidence presented at the hearing, must modify or set aside an Suspension of Service under the circumstances provided for below: 10. 11. A transit dependent person shall not be issued a complete Suspension of Service for the facilities and conveyances unless the person engaged in violent, seriously disruptive, or criminal conduct, or in conduct posing a serious threat to the health or safety of others or to the operation of the transit system. Absent such a finding, if a Hearing Officer determines that a violation was more probable than not, the Hearing Officer shall order a qualified Suspension of Service to permit a transit dependent individual to use the District Transit System for trips of necessity, including travel to and from medical and legal appointments, school or training classes, places ofemployment, obtaining food, clothing and necessary household items, or for accessing any critical services. Any person asserting the right to a qualified Suspension of Service on the basis of transit dependence shall have the burden of establishing transit dependence by a preponderance of the evidence. An individual with a disability shall not be issued a complete Suspension of Service from the District Transit System unless the person engaged in violent, seriously disruptive or criminal conduct, or in conduct posing a serious threat to the health or safety of others or to the operation of the transit system. Absent such a finding, if a Hearing Officer determines that a violation was more probable than not, the Hearing Officer shall order a qualified Suspension of Service to permit an individual with a disability to use the District Transit System for trips of necessity, including travel to and from medical and legal appointments, school or training classes, places of employment, obtaining food, clothing and necessary household items, or for accessing any critical services. 12. A person issued a Notice of Suspension of Service for conduct determined to be expressive conduct protected by the First Amendment to the U.S. Constitution and the New York Constitution, shall not be whose service is suspended on the basis of such conduct. If the Hearing Officer finds that a violation was more probable than not, but also finds that the conduct involved expressive conduct or the expression of a religious opinion, the Notice of Suspension of Service shall be set aside, unless the Hearing Officer also finds that the effect of the conduct endangered public safety, disrupted service, or interfered with transit operations. For the purposes of this paragraph, the parameters of the free expression and religious protections afforded under this Article shall be coextensive with constitutional guarantees. 13. 14. Effect of Failure to Provide an Address. When a person receiving a Notice of Suspension of Service is not able, or refuses, to provide a mailing address at the time of issuance, the Notice of Suspension of Service shall set forth the procedure for picking up any letters, notices or orders produced by the Manager, Transit Supervisor or Hearing Officer, in accordance with administrative rules promulgated by the General Manager. A final order shall be deemed issued on the date of mailing to all parties at the addresses provided by the parties, through regular U.S. Mail, and effective ten (10) business days from the date of issuance.

96 15. 16. ____________________________ Effective April 1, 2009 Raymond J. Melleady, Executive Director In cases where it is determined that a person initiated a physical altercation with a CDTA employee and or uses a weapon which cause an injury to any person or damage to CDTA property said person will be permanently banned from using CDTA service and facilities. At any time during the pendency of a hearing, during the course of an administrative review, or following the exhaustion of administrative review, any person whose service is suspended may petition in writing to the General Manager, or designee, for a temporary waiver of the Suspension of Service or modification of the terms of an Suspension of Service, based upon a showing of need or changed circumstances. The General Manager, or designee, has the sole discretion to grant or deny the petition.

97 TACOMA MUNICIPAL CODE (2008) .52.020 Unlaw ful transit conduct. A. A person is guilty of unlawful transit conduct if, while on or in a municipal transit vehicle as defined by RCW 46.04.355 as now or hereafter amended or reenacted, or in or at a municipal transit station, he or she: 1. Smokes or carries a lighted or smoldering pipe, cigar , or cigarette; or 2. Discards litter other than in designated receptacles; or 3. Plays any radio, recorder, or other sound producing equipment, except that nothing herein shall prohibit the use of such equipment when connected to earphones which limit the sound to individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle or municipal transit station; or 4. Spits or expectorates; or 5. Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others; except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law; or 6. Consumes or is under the influence of any intoxicating beverage or illicit drug; or 7. Intentionally obstructs or impedes the flow of municipal transit vehicles or passenger traffic, intentionally hinders or prevents access to municipal transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services; or 8. Engages in loud, raucous, unruly, harmful, or harassing behavior that disturbs the peace, comfort, or repose of a reasonable person of normal sensibilities; or 9. Skates on roller skates or in-line skates, or rides in or upon or by any means a coaster, skateboard, toy vehicle, or any similar device; provided that a person may walk while wearing skates or carry a skateboard while on or in a municipal transit vehicle or in or at a municipal transit station if that conduct is not otherwise prohibited by law . 10. Engages in conduct not described in subsections 1 through 9 which is inconsistent with the intended use and purpose of the transit station or transit vehicle and refuses to obey the lawful command(s) of an agent of the transit authority or a peace officer to cease such conduct. B. Municipal Transit Station Defined. For the purposes of this section, “municipal transit station” means all facilities, structures, stop shelters, lands, interest in lands, air rights over lands, and rights-of way of all kinds that are owned, leased, held, or used by a public agency for the purpose of providing public transportation services. C. Penalty. Any person violating this section is guilty of a misdemeanor. The penalty shall be a maximum fine of $1,000, incarceration for a term of 90 days, or both such fine and imprisonment. D. Severability. If any provision of this section is held invalid, such invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable. (Ord. 27712 Ex. A; passed May. 13, 2008: Ord. 25235 § 1; passed Dec. 22, 1992: Ord. 23658 § 1; passed Jul. 8, 1986)

98 Pierce Transit’s Workplace Violence Policy

99

100 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY POLICY/INSTRUCTION 1.0 POLICY 1.1 The Washington Metropolitan Area Transit Authority (“WMATA”, or the “Authority”) has zero tolerance for workplace violence in whatever form it may take as defined in this Policy/Instruction 7.33/0 (“P/I 7.33/0"). 2.0 PURPOSE 2.1 The purpose of this P/I is to establish a pro-active policy as well as procedures intended to assist in maintaining a safe work environment at WMATA through education, reporting, early intervention, and follow-up. 3.0 SCOPE 3.1 This P/I applies to all employees and shall remain in effect until rescinded in writing, or superceded by another P/I or revision. 4.0 DEFINITIONS 4.1 Employee - Any person who is hired by the Authority on its payroll on a salaried or wage basis who is not a consultant or contractor for the Authority. 4.2 Workplace Violence - Workplace Violence includes, but is not limited to, behavior occurring in the workplace that results in violent, harassing, intimidating, or other disruptive behavior that communicates a direct or indirect threat of physical or emotional harm, property damage, and/or disruption of the Authority’s business operations. 4.3 Types of Workplace Violence: 4.3.1 Violence by Strangers. The workplace violence is committed by a stranger who has no legitimate relationship to the employee or workplace and enters the workplace to commit an unlawful act. 4.3.2 Violence by Customers. The workplace violence is committed by someone who receives a service provided by WMATA. The workplace violence can be committed either in the workplace or outside the workplace but while the employee is performing a job related function. 4.3.3 Violence by Employees. The workplace violence is committed by an employee. The employee can be a supervisor or a manager. 4.3.4 Violence in Personal Relationships. The workplace violence is committed by someone who has a personal relationship with the employee, such as a current spouse, former spouse, domestic partner, a relative, or a friend. 4.3.5 Violence by Consultants, Vendors or Contractors. The workplace violence is committed by a consultant, vendor or contractor who provides a service, materials, and/or equipment to WMATA. 4.4 Workplace - The workplace may be any location, either permanent or temporary, where an employee performs any act in connection with his/her employment relationship.This includes all WMATA transit facilities, such as, buildings and the surrounding perimeters, rail cars and buses, parking lots, stations and field locations.

101 4.5 Workplace Violence Coordinator - This position is primarily responsible for the administration of this P/I. The role and responsibilities are more specifically referenced at section 5.5 of this P/I. 4.6 Critical Incident Stress Debriefing - The process used by an organization to remedy the effects of workplace violence. This may include, but is not limited to, involving mental health professionals to debrief affected employees and coordinating with other Authority departments/offices or other professionals to provide support services to affected employees. 4.7 Zero tolerance - Zero tolerance means that the Authority will impose an appropriate form of progressive discipline for violations of this policy based on an investigation into the facts giving rise to the alleged violation. 5.0 ROLES AND RESPONSIBILITIES 5.1 Employee - 5.1.1 Reports any alleged incident under this policy to a supervisor, manager, Metro Transit Police (“MTPD”), the Workplace Violence Coordinator, or any other Authority official. 5.1.2 Ensures that the report is documented on the “Workplace Violence Program Incident Reporting Form” (“Reporting Form”) and submitted to the Workplace Violence Coordinator. 5.1.3 Cooperates in any investigation, assessment or other activity under this policy, as appropriate. 5.1.4 Employees who make reports, in good faith, will not be intimidated, coerced, retaliated against, or discouraged from reporting alleged incidents of workplace violence. Employees who report false or misleading incidents, and/or provide false or misleading information in connection with a report of an alleged incident of workplace violence will be disciplined in accordance with the Authority’s policies and/or the appropriate collective bargaining agreement, including termination from employment. 5.2 Supervisor/Manager - 5.2.1 In the case where medical attention is needed, ensures that appropriate officials are notified to respond. 5.2.2 Where appropriate, notifies an employee’s emergency contacts, which may include family members. 5.2.3 Completes or ensures completion of the Reporting Form and submission, without delay, of the Reporting Form to the Workplace Violence Coordinator prior to the end of the work shift/day within which a report of an alleged incident of workplace violence was received. 5.2.4 Coordinates activity, investigations or assessments pertaining to workplace violence with the Workplace Violence Coordinator. 5.2.5 Ensures that employees cooperate in any investigation, evaluation and/or resolution of any alleged incident. 5.2.6 Ensures that each alleged incident is investigated, evaluated and resolved. 5.2.7 Recommends or takes appropriate discipline consistent with Authority policies or an appropriate collective bargaining agreement. 5.2.8 Coordinates, with appropriate officials, and implements a remedial plan that is intended to eliminate the current and future potential for workplace violence with the assistance of the Workplace Violence Coordinator. 5.2.9 Ensures employee confidentiality to the extent feasible consistent with the investigation concerning any alleged incident, including, but not limited to any oral or written communication, as appropriate. 5.2.10 Ensures no retaliation against any employee reporting, in good faith, any alleged incident.

102 5.3 Office Directors/General Superintendents or Equivalents - 5.3.1 Disseminates and enforces this P/I. 5.3.2 Oversees proper reporting and investigations of any alleged incident of workplace violence. 5.3.3 Assists Authority officials in the investigation of reports of alleged incidents of workplace violence. 5.3.4 Ensures that all subordinate employees cooperate in the implementation of this policy. 5.3.5 Ensures the application of appropriate discipline consistent with Authority policies or an appropriate collective bargaining agreement. 5.3.6 Oversees implementation of a remedial plan that is intended to eliminate the current and future potential for workplace violence 5.3.7 Provides appropriate communication to the Workplace Violence Coordinator and/or members of the Workplace Violence Committee on a need-to-know basis. 5.3.8 Ensures employee confidentiality to the extent feasible consistent with the investigation concerning any alleged incident including, but not limited to, any oral or written communication, as appropriate. 5.4 Chief, Labor and Civil Rights Officer 5.4.1 Appoints the Workplace Violence Coordinator. 5.4.2 Ensures the proper administration of this P/I. 5.5 Workplace Violence Coordinator - 5.5.1 Administers and coordinates the Authority’s Workplace Violence Policy. 5.5.2 Establishes a data collection system for retrieval of relevant information and for tracking of trends. 5.5.3 Coordinates and/or conducts activity pertaining to workplace violence, as appropriate, to include notification to appropriate levels of supervision. 5.5.4 Consults with members of the Workplace Violence Committee, as appropriate. 5.5.5 Assists management with the development and/or implementation of a remedial plan that is intended to eliminate the current and future potential for workplace violence. 5.5.6 Assists in the notification and referral of affected employees to the Authority’s Employee Assistance Program (“EAP”), as appropriate. 5.5.7 Arranges and/or conducts individual or group debriefings, as appropriate. 5.5.8 Receives and maintains the confidentiality, to the extent feasible, of any information submitted to the Workplace Violence Coordinator on the Reporting Form or contained in other reports received by the Workplace Violence Coordinator of alleged incidents. 5.5.9 Coordinates and/or conducts workplace violence training, training refresher courses or “train the trainer” sessions, as appropriate. 5.6 MTPD 5.6.1 If appropriate, investigates reports of alleged criminal activity under this P/I and takes appropriate action. 5.6.2 Coordinates with SAFE to conduct, jointly, an initial assessment and periodic assessments of the security and hazards that may exist at the Authority. 5.6.3 Establishes and administers appropriate General Orders for responding to major incidents of workplace violence in coordination with other appropriate Departments/Offices. 5.6.4 Provides appropriate communication to the Workplace Violence Coordinator and/or members of the Workplace Violence Committee on a need-to-know basis. 5.6.5 Ensures employee confidentiality, to the extent feasible, consistent with the investigation concerning any alleged incident including, but not limited to, any oral or written communication, as appropriate.

103 5.7 ADMN 5.7.1 Reviews medical records, as appropriate. 5.7.2 Contacts private treating physicians and secures appropriate medical information with the employee or other authorized person’s consent. 5.7.3 Provides appropriate communication to the Workplace Violence Coordinator and/or members of the Workplace Violence Committee on a need-to-know basis. 5.7.4 Receives, schedules and coordinates referrals for assessments as appropriate. 5.7.5 Leads the Critical Incident Stress Debriefing efforts as appropriate. 5.7.6 Ensures employee confidentiality, to the extent feasible, throughout EAP’s handling of reports under this policy. 5.7.7 Coordinates with the Workplace Violence Coordinator and the Workplace Violence Committee to provide training on this P/I. 5.7.8 Coordinates and provides support to victims of workplace violence as described by this P/I. 5.8 SAFE 5.8.1 Provides support with safety aspects of alleged incidents of workplace violence under this P/I. 5.8.2 Coordinates with MTPD to conduct, jointly, an initial assessment and periodic assessments of the security and hazards that may exist at the Authority. 5.8.3 Provides appropriate communication to the Workplace Violence Coordinator and/or the Workplace Violence Committee on a need-to-know basis. 5.8.4 Ensures employee confidentiality, tothe extent feasible, consistent with the investigation concerning any alleged incident including, but not limited to, any oral or written communication, as appropriate. 6.0 COMPOSITION, ROLE AND RESPONSIBILITIES OF THE WORKPLACE VIOLENCE COMMITTEE 6.1 The composition of the Workplace Violence Committee includes the Workplace Violence Coordinator and a representative from LRCR, COUN, MTPD, HRMP (EAP), ODEV, SAFE, RISK, BUS, RAIL and from any other department affected by workplace violence. 6.2 The Workplace Violence Committee, chaired by the Workplace Violence Coordinator, shall meet on a regular basis or at such other times as the Authority’s needs dictate to discuss workplace violence as it pertains to the Authority. 6.3 The responsibility of the Workplace Violence Committee is to consult, as requested, when alleged incidents of workplace violence are being investigated and to meet and discuss issues of workplace violence affecting the Authority. Each member of the Committee will provide expertise from their respective fields and participate in making recommendations, intending to eliminate the current and future potential for workplace violence. Coordination with any other area of the Authority, including but not limited to AUDT and/or CIVR, will be conducted as needed. 7.0 PROCEDURE FOR RESPONSE 7.1 Immediately report any incident where it is believed that a violation of this policy is imminent, has occurred, or is occurring. 7.2 For emergency matters, immediately call MTPD at x2121 or Central Control at either x1811 or x1652 to report the emergency matter. If workplace violence is imminent, has occurred, or is occurring, try to avoid a physical confrontation. If the circumstances permit, immediately notify your supervisor/manager and/or the Workplace Violence Coordinator of the alleged incident(s) of workplace violence. Complete and submit the Reporting Form as soon as possible after the incident has occurred.

104 7.3 For non-emergency matters, report any incident of alleged workplace violence to your superv isor, manager or the Workplace Violence Coordinator(x1308 or x2089). Reports of workplace violence can also be made by using the General Manager’s Hotline at x2400 (or via the Self-Control Assessment Process) or using the Reporting Form. Complete and submit the Reporting Form as soon as possible after the incident has occurred. 7.4 When a report of an alleged incident of workplace violence is made to a person other than the Workplace Violence Coordinator or the police, that person shall inform the Wo rkplace Violence Coordinator, or his/her designee, of the report within twenty-four (24) hours of receipt of such report. 7.5 Coordination of the activity to address the alleged incident of workplace violence is to be done by the Workplace Violence Coordinator in conjunction with appropriate Authority officials. Consultation with members of the Workplace Violence Committee is to be conducted as needed. In the case of a report alleging criminal conduct, coordination with MTPD is to be performed without delay after receipt of the report of the incident. The decision by MTPD to pursue the report as a criminal matter shall be final. Appropriate management officials shall be informed of the results of the activity, the recommendations made thereon or the status of the activity either within a reasonable amount of time after the report is made to the Workplace Violence Coordinator or every thirty (30) calendar days thereafter, whichever is sooner. 8.0 Exceptions 8.1 There are no exceptions to this policy.

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TRB’s Transit Cooperative Research Program (TCRP) Synthesis 93: Practices to Protect Bus Operators from Passenger Assault highlights practices and policies implemented by transit agencies to deter and mitigate assaults on bus operators.

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