New York Governor Kathy Hochul has signed into law the “Retail Worker Safety Act,” which was enacted on September 4, 2024 and goes into effect on March 3, 2025. The new law is intended to help prevent workplace violence by requiring employers with at least ten employees working in a retail store to adopt a workplace violence prevention policy and annual training, both of which must be given to employees upon hire and annually thereafter.
Note that:
- a “retail store” is a store that sells consumer commodities at retail and is not primarily engaged in the sale of food for consumption on the premises;” and
- the New York State Department of Labor is tasked with promulgating model policies and training programs in advance of the statute’s effective date. Covered employers are required to adopt and use the model policy and training or establish their own as long as they meet the minimum standards of the statute.
The new workplace violence prevention policy must:
- identify workplace violence risk factors (e.g., working late night or early morning hours, handling money, working alone, permitting uncontrolled access to the workplace) and discuss prevention;
- direct employees to where they can find further information, including about legal remedies;
- provide information about worker protection against retaliation (e.g., for reporting);
- be made available to employees in their primary language.
The new workplace violence prevention training must include:
- measures retail employees can take to protect themselves when faced with workplace violence from customers or coworkers;
- de-escalation tactics;
- active shooter drills;
- emergency procedures;
- instruction on using emergency devices like security alarms and panic buttons; and
- a site-specific list of emergency exits and meeting places in case of an emergency.
Lastly, effective January, 2027, employers with more than 500 retail employees nationwide must provide panic buttons for employees to contact local law enforcement.
NYS is expected to issue templates along with rules and regulations to help guide covered employers in implementing the new law. In anticipation, New York retail employers should start preparing by analyzing current safety protocols and needs in their retail stores.
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