New State Law Orders Workplace Safety Measures in Retail
Addressing workplace safety concerns, Gov. Kathy Hochul has signed the “Retail Worker Safety Act,” which requires retail employers in New York to develop and implement training programs and policies to help prevent workplace violence.
The new legislation applies to employers with at least 10 employees working in a retail store that “sells consumer commodities.” Importantly, the law does not apply to retailers that primarily sell “food for consumption on the premises.”
“Coming from a union family, I know how critical organized labor is to building a strong middle class,” Gov. Hochul said in a statement. “As we celebrate today’s Labor Day Parade in New York City, we are strengthening our commitment to working families and letting them know we have their backs every step of the way.”
3 Mandates to Boost Workplace Safety
Under the new law, covered employers must take the following steps to improve workplace safety in retail establishments:
- Develop a workplace violence prevention policy
- Implement a workplace violence prevention training program, and
- Install panic buttons in certain situations.
The law is expected to take effect on or about March 2, 2025.
1. Workplace Violence Prevention Policy
Covered employers must develop and implement a workplace violence prevention policy that includes:
- A list of workplace safety risk factors – including working late night or early morning hours and exchanging money with the public – present in the workplace.
- The methods the employer will use to address instances of workplace violence and boost workplace safety, such as installing high-quality external lighting or using drop safes or other means to limit the amount of cash on hand.
- Info about federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace.
- Clearly state protections against retaliation for employees who complain about workplace violence or the presence of factors or situations that affect workplace safety and might place retail employees at risk of workplace violence, or who testify or assist in any proceeding under the law.
Moreover, employers must provide a copy of the policy to new employees at the time of hire and must also be made available to all employees on an annual basis. Further, the policy should be available in English and Spanish. It should also be made available to employees in any language they request within 30 days of the request.
2. Workplace Violence Training Program
The new law requires the New York State Department of Labor to develop a model workplace violence training program and make it available on the agency’s website.
Employers can use the model once it is made available, or they must develop and implement a workplace violence training program that, at minimum:
- Covers the information in the workplace violence prevention policy
- Includes examples of measures that retail employees can use to protect themselves when faced with violence from a co-worker or a customer
- Discusses de-escalation tactics
- Includes active shooter drills
- Covers emergency procedures
- Provides instruction on the use of security alarms, panic buttons and other related emergency devices, and
- Includes a site-specific list of emergency exits and meeting places in case of an emergency.
The workplace safety training must be conducted in English and in the primary language spoken by employees in the workplace.
3. The Provision for Panic Buttons
A provision of the law requires covered retail employers with 500 or more retail employees statewide to provide access to panic buttons at the workplace, allowing them to connect with 911 immediately in the event of an emergency.
Employers can choose to provide stationary panic buttons at easily accessible locations throughout the workplace or may provide all retail employees with a wearable panic button or access to a mobile app that serves as a panic button.
This provision of the law takes effect on Jan. 1, 2027.
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