How the Retail Worker Safety Act Impacts New York Retailers

On the heels of a similar workplace violence prevention law in California, on September 5, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act (A 8947 / S 8358) into law. This law requires certain New York retailers to implement safety measures to prevent workplace violence. This legislation updates the New York Labor Law by adding Section 27-e, which outlines specific requirements designed to protect retail employees at both small and large retail operations. The majority of the law’s new provisions will take effect on March 4, 2025. Below is a summary of the key requirements.

Who is Covered by the Act? 

The Retail Worker Safety Act applies to businesses that employ at least ten retail workers and sell consumer goods. However, retailers that primarily sell food for consumption on-site are not covered by the law.

Key Requirements 

Workplace Violence Prevention Policy

Starting March 4, 2025, all covered retailers must implement a workplace violence prevention policy. At minimum, this policy should:

• Identify potential risk factors for workplace violence, such as late-night hours, handling money, working alone, or lack of workplace security.
• Outline procedures for preventing violent incidents, including setting up reporting systems.
• Provide information on relevant federal and state laws that protect retail workers and outline remedies available to victims of workplace violence.
• Clearly state that it is illegal to retaliate against employees who report concerns about workplace violence or incidents.

Employers will be able to use a model policy provided by the New York Department of Labor, once it becomes available. Or employers can choose to develop a customized program to fit their individual needs.

Workplace Violence Prevention Training Program

Also effective on March 4, 2025, covered retail employers must introduce an interactive training program that covers:

• The Retail Worker Safety Act and its requirements.
• Strategies for employees to protect themselves from violence by customers or coworkers.
• Techniques for de-escalating violent situations and active shooter preparedness.
• Emergency protocols, including the use of alarms and panic buttons.
• Specific instructions for supervisors on handling emergencies.
• Information about the Retail Worker Safety Act and its requirements.
• Self-protection strategies for employees facing violence from customers or coworkers.
• De-escalation techniques and active shooter drills.
• Emergency procedures and how to use security systems, such as alarms and panic buttons.
• Guidance for supervisors on handling emergency situations.

Additionally, each employer must provide site-specific information, including emergency exits and meeting points, to employees. Again, the New York Department of Labor will release a model training program that businesses can adopt.

At each training session, employers must provide, in a language that they can understand:

• A copy of the workplace violence prevention policy.
• Written materials from the training session, available in both English and the employee’s preferred language.

Silent Response Buttons

By January 1, 2027, the regulation requires large retail employers with 500 or more workers nationwide to provide employees with access to silent response buttons for emergencies. These buttons can be either installed in accessible locations within the store or provided as wearable or mobile devices. If the employer chooses to utilize wearable or mobile phone-based devices, then all of the location’s employees must be equipped. Additionally, mobile phone-based panic buttons may only be installed on employer- provided equipment and may only track employee location only when the button is triggered.

Conclusion 

This new legislation aims to enhance protection for retail workers across New York through preventive measures and comprehensive training programs to keep their retail teams safe from potential workplace violence situations.

This law is important not only because it is a legal requirement, but also because it fosters a safer and more supportive working environment. By prioritizing employee safety and well-being, businesses can improve morale, reduce turnover, and enhance productivity. Moreover, demonstrating a commitment to workplace safety can strengthen a company's reputation and help attract and retain top talent. Investing in these safety measures is not just about compliance, but about building a resilient and responsible business that values its workforce.

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