New York Governor Kathy Hochul signed the Retail Worker Safety Act into law on September 5, 2024.
This Retail Worker Safety Act applies to employers with at least 10 retail employees. Additionally, the law only applies to “retail stores,” which it defines as any “store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises,” thereby exempting restaurants and similar food-service establishments. The Act requires that covered employers adopt retail workplace violence prevention policy and training program and provide panic buttons to retail employees.
Written Policy Requirement:
Employers will be required to adopt a written policy, which must outline workplace situations that pose a risk of violence to employees, including:
- working late night or early morning hours;
- exchanging money with the public;
- working alone or in small numbers; and
- uncontrolled access to the workplace.
Among other requirements, the policy mandates that employers outline methods for preventing violent incidents, including but not limited to establishing and implementing reporting systems for incidents of workplace violence. The New York Department of Labor will publish a model policy, and employers may either adopt the model policy or establish their own policy that meets or exceeds the minimum standards provided by the model policy.
The written policy requirement will go into effect on March 4, 2025.
Training Program Requirement:
Employers will also be required to adopt a training program on workplace violence prevention. The program must include:
- examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or other coworkers;
- de-escalation tactics; active shooter drills;
- emergency procedures; and
- instruction on the use of security alarms, panic buttons, and other related emergency devices.
The New York Department of Labor will provide a model workplace violence prevention training program. Similar to the written policy requirement, employers may either adopt the DOL’s model training program or utilize their own training program that meets or exceeds the minimum standards provided by the model program.
The training program requirement will also go into effect on March 4, 2025.
Panic Button Requirement:
The act includes an additional requirement for the installation of panic buttons. This requirement applies to New York employers with 500 or more retail employees nationwide. Covered employers must either provide access to panic buttons throughout the workplace or provide wearable mobile panic buttons to each individual employee.
The panic button requirement does not go into effect until January 1, 2027, barring any legal challenges, which gives employers more time to prepare.
Eligible employers who might be affected by this law should take note and can reach out to the Berke-Weiss Law team with any questions regarding these new requirements.
