New York retail businesses with 10 or more employees have less than six months to prepare for new workplace violence prevention requirements included in the state’s recently passed Retail Workers Safety Act (RWSA).
The law takes effect on March 4, 2025, and requires most retail employers to adopt a written workplace violence prevention policy. It also mandates retailers to ensure that their employees undergo workplace violence prevention training upon hire and on an annual basis thereafter. Retailers with more than 500 workers nationwide face additional duties under the RWSA, which Gov. Kathy Hochul signed into law on Sept. 5, 2024.
Retail employers affected by the law should keep an eye out for the state to release a model workplace violence prevention policy and interactive training program, which we anticipate will be rolled out early in 2025. Such businesses should begin evaluating potential workplace violence risk factors unique to their workplace and ensure that those factors are addressed in future policies and training.
Do These Requirements Apply to My Business?
The RWSA applies to any retail store with at least 10 employees. A “retail store” is defined 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.”
RWSA therefore does not apply to most businesses in the hospitality industry, such as bars and restaurants.
Workplace Violence Prevention Policy
By March 4, 2025, New York retail stores must implement a written workplace violence prevention policy and provide that policy to every employee upon hire and annually thereafter. The policy must include:
- A list of factors or situations in the workplace that might place retail employees at risk of workplace violence, such as:
- Working late night or early morning hours
- Exchanging money with customers
- Working alone or in small numbers
- Uncontrolled access to the workplace
- Methods that may be used to prevent incidents
- Procedures for reporting incidents
- Remedies available to victims of violence in the workplace
Additionally, the policy must clearly state that it is unlawful to retaliate against retail employees who complain of workplace violence or who testify or assist in any proceeding related to allegations of workplace violence.
The state will create and publish a model retail workplace violence prevention policy that employers may adopt in lieu of creating their own. The state will provide the model policy in several languages. Retail employers must provide the policy to their employees in English or in the employee’s primary language, provided the state has created a template in that language. Employers are not required to use the state’s templates. If they create their own policy, they must ensure that its contents equal or exceed the minimum standards set forth in the state’s model policy.
Workplace Violence Prevention Training
RWSA also requires retail employers to provide interactive training to employees to prevent future workplace violence. Trainings must occur upon hire and annually thereafter. It must address:
- Examples of measures employees can use to protect themselves when faced with workplace violence from customers or coworkers
- De-escalation tactics
- Active shooter drills
- Emergency procedures
- Instructions on the use of security alarms, panic buttons and other emergency devices
The state will also create a model interactive training program that employers can use. Employers who wish to make their own training program must ensure that it meets or exceeds the state’s model training program.
Additional Requirements for Large Retailers
By Jan. 1, 2027, large retail businesses that employ 500 or more workers nationwide must provide their New York employees with access to panic buttons. Employers may choose to install panic buttons at easily accessible locations in the workplace, issue wearable panic buttons or provide mobile phone-based panic buttons.
When activated, the panic button device will immediately alert 911, relay the employer’s physical location and dispatch local law enforcement. The RWSA, however, prohibits the use of wearable or mobile phone-based panic buttons that allow an employer (or law enforcement) to track employees when the panic button has not been triggered.
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