New York’s Retail Worker Safety Act (the “Act”) is expected to take effect on June 2, 2025. The Act’s implementation was pushed back due to amendments which have been approved by Governor Hochul, who played an active role in the Act’s development. Retail employers will be expected to develop and implement programs to prevent workplace violence. Below is a discussion of this latest legislation that will impact employers.
Industry Coverage
The Act applies to retail stores that sell consumer commodities. Consumer commodities refer to items sold for personal or household use. Examples include clothing, pharmacy items, or grocery store products. Employers primarily engaged in the sale of food for consumption on the premises are excluded from the Act’s coverage.
Workplace Prevention Training
Employers with less than 50 employees will need to provide workplace prevention training to employees upon hiring. However, as a result of the Act’s amendment, these employers will only be expected to re-train employees every two years.
Employers with 50 or more retail employees will also be expected to provide new hires with workplace violence prevention training. This training is an annual requirement.
Adequate training will cover examples of what measures employees may take to protect themselves when faced with workplace violence, de-escalation tactics, active shooter drills, and emergency procedures. The training should also discuss a supervisor’s responsibilities, including protocols for handling workplace-specific emergency procedures.
Workplace Violence Prevention Policy
In addition to the training, employers are also expected to establish a written workplace violence prevention policy. This policy should identify risks in the workplace and offer methods on how to prevent violence. The policy should also address factors or situations in the workplace that may place retail employees at risk of violence. Examples include working alone or in small groups, late at night, or early in the morning.
The policy must also discuss methods employers can use to prevent incidents of workplace violence, such as establishing and implementing a reporting system for workplace incidents. This prevention policy must be provided to all employees in writing upon hire and at every workplace training. It should be distributed in English and in the employee’s identified primary language.
Emergency Response Button
Employers with 500 or more retail employees must provide every employee with a silent emergency response button. This button, also known as a “panic button,” will allow employees to request immediate assistance from a security officer, manager, or supervisor while working on the premises. The button can be easily accessible in the workplace (e.g., under the counter), wearable, or a mobile phone-based button.
Takeaway
The approved amendments to the Act give employers additional time to develop and finalize a workplace violence prevention policy. Employers are encouraged to detail situations that may expose employees to workplace violence in order to develop an ideal policy. If employers already have an existing workplace violence prevention policy, they are urged to evaluate whether it aligns with the latest legislation. Employers can take proactive measures to review their policies and training programs to ensure compliance before the effective date of June 2, 2025.