On September 4, 2024, Governor Kathy Hochul signed into law the Retail Worker Safety Act (the “Act”). The law, which comes into force in March 3, 2025requires retail employers to develop and implement programs to prevent workplace violence. It also requires retail employers with 500 or more employees nationwide to install panic buttons by January 1, 2027.
Covered Employers
- The law applies to “retail employers”, which includes any person, entity, business, corporation, partnership, limited liability company or association employing at least ten retail employees.
- The law defines a “retail worker” as an employee working in a retail store for a retail employer.
- The law defines a “retail store” as a store that sells consumer goods at retail and is not primarily engaged in the sale of 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 employment. The New York State Department of Labor (DOL) is responsible for creating and publishing a guidance document and model policies for the prevention of violence in the retail workplace.
A retail employer may adopt the model policy or develop its own workplace violence prevention policy that equals or exceeds the minimum standards provided by the model policy. The workplace violence prevention policy should:
- Describe a list of workplace factors or situations that may put retail employees at risk of workplace violence, including but not limited to:
- Working late at night or in the early hours of the morning;
- Exchange of money with the public;
- Working alone or in small numbers; AND
- Uncontrolled access to the workplace.
- Outline methods employers can use to prevent workplace violence incidents, including, but not limited to, establishing and implementing workplace violence incident reporting systems;
- Include information about federal and state legal provisions regarding violence against retail workers and remedies available to victims of workplace violence 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 may put retail employees at risk of workplace violence or who testify or assist in any proceeding under of the law is illegal.
The training program for the prevention of violence in the workplace
The law also requires the DOL to 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 model program’s minimum standards. The training program should be interactive and include:
- Retail Worker Safety Law Requirements;
- Examples of measures retail workers can use to protect themselves when faced with workplace violence from customers or other colleagues;
- De-escalation tactics;
- Active shooting training;
- Emergency procedures;
- Instructions for the use of security alarms, panic buttons and other emergency-related devices; AND
- List of emergency exits and emergency meeting places for the specific location.
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 in the workplace violence training program both annually and at the time of hire. employees.
Panic buttons
starting January 1, 2027retail employers with 500 or more retail employees nationwide will be required to provide access to panic buttons throughout the workplace. When pressed, the panic buttons immediately contact the local public safety 9-1-1 answering point, provide the employee’s location information, and dispatch local law enforcement to the workplace.
The panic button can be installed in an easily accessible location in the workplace, or an employer can choose to provide each retail employee with a convenient 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.
deal
Currently, we host the DOL’s model policies and training programs. Meanwhile, retail employers must begin to assess their workplaces and assess potential risk factors to ensure they can develop the most effective training and programs.
Larger retail employers should plan to install panic buttons and decide whether to implement them in their retail stores or on mobile devices for employees.