On December 21, 2024, Governor Hochul signed into law the Warehouse Worker Injury Reduction Act (WWIRA), reinforcing New York's continued focus on increasing workplace safety in specific industries (see HERE). Expanding on the 2022 Warehouse Worker Protection Act, which established rules and worker protections related to warehouse production quotas, the WWIRA aims to reduce warehouse-related injuries by requiring covered employers to establish a workplace injury reduction program.
Effective June 1, 2025, the WWIRA will require employers that directly or indirectly employ at least 100 employees at a single warehouse distribution center or at least 1,000 employees at one or more warehouse distribution centers in New York to develop and implement a formal injury reduction program designed to identify and minimize the risks of musculoskeletal injuries and disorders in workers performing manual materials handling tasks. Among the requirements, the injury reduction program must include (1) a worksite evaluation, (2) control of exposures (including pace), (3) employee training, (4) on-site medical and first aid practices, and (5) employee involvement.
(1)Worksite Evaluations
By June 19, 2025, covered employers must engage a qualified ergonomist to evaluate each job, process, or operation and provide a written worksite evaluation for risk factors that have caused or are likely to cause musculoskeletal injuries or disorders. These risk factors include rapid pace, forceful exertions, repetitive motions, and other movements that have caused or are likely to cause musculoskeletal injuries or disorders. Worksite evaluations must be reviewed and updated at least annually. For each new job, process, or operation introduced that could increase the risk factors for musculoskeletal injuries or disorders, a new analysis must be conducted within 30 days.
Employers must provide written notice to employees and their representatives of any worksite evaluations and, upon request, a copy of worksite evaluations at no cost and within one business day of the request. Employers also must correct any risk factors identified in a timely manner. For any corrections that require more than 30 days to complete, the employer must provide a schedule for the proposed corrections, which must be included in the evaluations.
(2)Control of Exposures
If an identified risk factor cannot be eliminated, the employer must minimize the exposures to the extent feasible. In reducing risk, employers should consider engineering controls and redesigning workstations; and administrative controls, such as job rotation, reduced pace, or additional breaks.
(3)Employee Training
By February 19, 2025, employers must provide annual training to employees performing manual materials handling tasks and their supervisors. The training must be conducted in a language and vocabulary understood by the employees and must include early symptoms of musculoskeletal injuries and disorders, risk factors and exposures in the workplace (including hazards posed by excessive rates of work), methods to reduce risk factors, the employer's program to identify risk factors, rights and function of workplace safety committees and rights of employees to report health and safety concerns, and training on unlawful retaliation provisions under the law.
(4)On-Site Medical and First Aid Practices
The law requires on-site medical offices or first aid stations that treat employees with symptoms of musculoskeletal injuries or disorders to be staffed with medical professionals operating within their legal scope of practice. Employers also are required to consult with a medical consultant licensed in New York State and board-certified in occupational medicine to obtain a written evaluation of the on-site medical or first aid program and protocols and a summary of suitable treatment protocols to cover all aspects of the on-site medical and first aid practices. The law provides that all examinations and treatments conducted are performed for the purposes of this program and shall not interfere with an employee's rights to receive medical treatment or benefits under the Workers' Compensation Law.
(5)Employee Involvement
The law requires employers to consult employees and their representatives before and during the development and implementation of the program. This includes obtaining recommendations from employees on the possible risk factors and any workplace changes that can reduce such risk factors.
Employer Takeaways
Complying with the law's requirements will take significant time and effort. Accordingly, employers should begin developing their injury reduction program by taking the following steps:
- Evaluate worksites to identify potential risk factors and methods to reduce risks;
- Engage a qualified ergonomist to provide a written worksite evaluation;
- Obtain input from employees and their representatives on risk factors and workplace changes to reduce risk; and
Ensure on-site medical and first aid practices comply with requirements under the law.
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