Is Your Business Prepared to Comply With New York’s Retail Worker Safety Act? | JD Supra

On September 4, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act  (the “Act”) into law. The Act, which takes effect on March 3, 2025, requires retail employers to develop and implement programs to prevent workplace violence. It also requires retail employers with 500 or more retail employees nationwide to install panic buttons by January 1, 2027.

Covered Employers

• The Act applies to “retail employers,” which includes any person, entity, business, corporation, partnership, limited liability company, or association employing at least ten retail employees.
• The Act defines a “retail employee” as an employee working at a retail store for a retail employer.
• The Act defines a “retail store” as a store that sells consumer commodities at retail and is not primarily engaged in selling food for consumption on the premises.

Workplace Violence Prevention Policy

Retail employers are required to adopt a workplace violence prevention policy and distribute it in writing to all employees both annually and upon hire. The New York State Department of Labor (DOL) is responsible for creating and publishing a model retail workplace violence prevention guidance document and policy.

A retail employer can either adopt the model policy or develop its own workplace violence prevention policy, which equals or exceeds the minimum standards provided by the model policy. The workplace violence prevention policy must:

• Outline a list of factors or situations in the workplace that might place retail employees at risk of workplace violence, including but not limited to:
  • Working late night or early morning hours;
  • Exchanging money with the public;
  • Working alone or in small numbers; and
  • Uncontrolled access to the workplace.
• Outline methods that employers may use to prevent incidents of workplace violence, including but not limited to, establishing and implementing reporting systems for incidents of workplace violence;
• Include information concerning the federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace and a statement that there may be applicable local laws; and
• Clearly state that retaliation against individuals who complain of workplace violence or the presence of factors or situations in the workplace that might place retail employees at risk of workplace violence or who testify or assist in any proceeding under the law is unlawful.

Workplace Violence Prevention Training Program

The Act also requires that the DOL produce a model workplace violence prevention training program. Retail employers may use the DOL’s model training program or implement their own program that meets or exceeds the minimum standards of the model program. The training program must be interactive and include:

• The requirements of the Retail Worker Safety Act;
• 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;
• Instruction on the use of security alarms, panic buttons, and other related emergency devices; and
• Site-specific list of emergency exits and meeting places in case of an emergency.

Retail employers are required to provide written notice in English and in the language identified by each employee as their primary language, with the information presented at the workplace violence training program both annually and at the employee’s time of hiring.

Panic Buttons

Beginning January 1, 2027, retail employers with 500 or more retail employees nationwide will be required to provide access to panic buttons throughout the workplace. When pressed, panic buttons immediately contact the local 9-1-1 public safety answering point, provide the employee’s location information, and dispatch local law enforcement to the workplace.

The panic button may be installed in an easily accessible location in the workplace, or an employer can choose to provide each retail employee with a wearable or mobile phone-based panic button. The mobile phone-based panic button can only be installed on an employer-provided phone and cannot be used to track an employee’s location, except when the panic button is pressed.

Takeaways

Currently, we await the DOL’s model policy and training programs. In the meantime, retail employers should begin to evaluate their workplaces and assess potential risk factors to ensure they can develop the most efficient programs and trainings.

Larger retail employers should plan for the installation of panic buttons and decide whether to implement them in their retail stores or on mobile devices for employees.