New York’s New Retail Worker Safety Act

On September 5, 2024, New York’s Retail Worker Safety Act was signed into law. This act requires both the New York Department of Labor and certain employers to implement programs and policies aimed at preventing and responding to workplace violence. The act goes into effect on March 4, 2025.

This initiative is part of a broader workplace safety campaign, aimed at reducing incidents of workplace violence by equipping employees and employers with proactive tools and training to recognize, prevent, and respond to violent situations that may occur.

Who Is Affected?

The Retail Worker Safety Act applies to employers that are broadly defined as including “any person, entity, business, corporation, partnership, limited liability company, or an association employing at least ten retail employees,” excluding government entities. Retail employees are defined as those individuals “working at a retail store for an employer.” The act defines and distinguishes a retail store as “a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.” These industries often face upset customers, disgruntled employees, late working hours, and handling valuable items, which can, under certain circumstances, escalate into violence.

What Does the Plan Require?

Under this plan, employers must establish workplace violence prevention policies that include:

1. Risk Assessments: Identifying specific factors in the workplace that could lead to violence, such as staff working late nights or early mornings, exchanging money with the public, working alone or in small numbers, uncontrolled access to the workplace, or handling valuable items.
2. Site-Specific: Each retailer is required to have site-specific evacuation maps that show evacuation routes and meeting places in case of an emergency.
3. Written Plan: A written plan is required for employers with over ten employees.
4. Employee Training: Providing training for new hires and annually thereafter to help employees recognize early signs of aggression, de-escalate potentially volatile situations, and protect themselves if an incident occurs. Training will include active shooter drills, emergency procedures, and instruction on panic buttons.
5. Panic Alarms: Retailers with more than 500 employees nationwide must provide employees with panic buttons. This provision is required by January 1, 2027.
6. Incident Reporting and Investigation: Developing a clear process for reporting violent incidents, which is crucial for understanding patterns and mitigating future risks.
7. Support for Affected Employees: Offering resources, such as counseling, for employees impacted by workplace violence.

Why Is This Important?

Workplace violence affects not only employees and their families but also productivity, morale, and public perception. By implementing mandatory violence prevention plans, New York aims to foster a safer work environment, lower the frequency and severity of violent incidents, and improve employee well-being.

The Road Ahead

This new mandate represents a significant move towards prioritizing workplace safety in New York. It emphasizes the responsibility of employers to safeguard their employees better and create a proactive culture of violence prevention.

As this new initiative unfolds, New York could set an example for other states, and ultimately, this could influence national standards for workplace violence prevention. This is a critical time for New York businesses to align with these new regulations, ensuring they are equipped to protect their teams and create a positive work environment.

How Can Walden Help?

Walden’s EHS team can create a comprehensive program for your specific facility that addresses all of the required facets of this law. For more information, contact us today at 516-789-2972.