New York, N.Y. (September 19, 2024) - On September 4, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act. The Act amends the New York Labor Law to require businesses with at least 10 employees working at a retail store to implement workplace violence prevention requirements for their retail employees.
The law becomes effective on March 3, 2025, at which time covered employers must adopt and provide to all employees a written workplace violence prevention policy, and additionally they must conduct workplace violence prevention training upon hire and annually thereafter. The Act defines a retail employee as "an employee working at a retail store...that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises." Based on this definition, restaurants are exempt.
An overview of the specifics of the Act follows below.
Workplace Violence Prevention Policy
As detailed within the Act, the New York State Department of Labor ("DOL") is required to create and issue a model retail workplace violence prevention guidance document and retail workplace violence prevention policy. Notwithstanding the forthcoming model policy, an employer's policy must cover:
- Factors that may place employees at risk of workplace violence, such as working late night or early morning hours, exchanging money with the public, working alone or in small numbers, and uncontrolled access to the workplace;
- Methods that employers may use to prevent instances of workplace violence, including implementing reporting systems for workplace violence incidents;
- Information concerning federal, state, and local statutory provisions concerning violence against retail employees and remedies available to victims; and
- A statement prohibiting retaliation against individuals who complain about workplace violence or the presence of factors that may cause an increased risk of such violence, and against individuals who testify or assist in any proceeding under the law.
All covered employers must either adopt the model policy that the DOL will disseminate or adopt a policy that equals or exceeds the minimum standards provided by the DOL's policy.
Workplace Violence Prevention Training Program
The Act also directs the DOL to issue an interactive model workplace violence prevention training program. As with the policy, covered employers must either adopt the DOL's model program or implement a training program that equals or exceeds the minimum standards of the model training program. The model training program will cover topics such as de-escalation tactics, measures employees can take to protect themselves when faced with workplace violence, active shooter drills, emergency procedures including a list of site-specific emergency exits and meeting places, and instruction on the use of security alarms, panic buttons, and other related emergency devices.
Panic Buttons
Effective January 1, 2027, employers that employ 500 or more retail workers nationwide must provide panic buttons throughout their New York State workplaces. The buttons must contact 911, provide the employee's location information, and dispatch local law enforcement. The buttons can be installed in easily accessible locations, or the employer can provide wearable or mobile phone-based panic buttons to all retail employees (which may not be used to track employee location other than when the panic button is triggered).
We await the DOL's model policy and training program. Employers should have plenty of time to prepare for these new requirements since they do not go into effect for roughly six months, but it may be advisable to begin evaluating workplaces to assess violence-related risks, to identify emergency exits and meeting points, and establish reporting systems for employees to report risks or instances of violence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
