EMPLOYMENT LAW NEWS
New York State Passes Retail Worker Safety Act
By Jana Bjorklund, GovDocs Senior Counsel and Director
Employment Law and Compliance
Published Sept. 26, 2024
The NY DOL will be issuing its model policy and training templates on their official website. Covered employers should keep an eye out for this information and any additional guidance to ensure compliance with this new law.
On September 4, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act (the “Act”) which will impose new requirements on retail employers in the state.
Elements of the New York Retail Worker Safety Act
The Act requires specific actions from retail employers based on their size:
- Private employers with 10 or more retail employees must adopt a workplace prevention policy and provide training programs to prevent workplace violence by March 3, 2025.
- Private employers that employ 500 or more retail employees nationwide must install panic buttons at the workplace by Jan. 1, 2027.
Workplace Violence Prevention Policy Requirements
Covered employers will be required to adopt a model retail workplace violence prevention policy developed and made available by the New York Department of Labor (NY DOL) or establish a model workplace violence prevention policy equivalent to the model policy. The NY DOL model policy will include the following information:
- Outline a list of factors or situations in the workplace that might place retail employees at risk of workplace violence, including but not limited to:
- Working late night or early morning hours
- Exchanging money with the public
- Working alone or in small numbers
- Uncontrolled access to the workplace
- Outline methods that employers may use to prevent incidents of workplace violence.
- Include information concerning the federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace and a statement that there may be applicable local laws.
- Clearly state that retaliation against individuals who complain of workplace violence or the presence of factors or situations in the workplace that might place retail employees at risk of workplace violence, or who testify or assist in any proceeding under the law is unlawful.
Employee Notice Requirements
Employees must be provided with a written copy of the workplace prevention policy upon hire and annually thereafter. This must be provided in English and in each employee’s primary language.
Keep Informed
with GovDocs Employment Law News
Workplace Violence Prevention Training Program
Employers will be required to provide employees with workplace violence prevention training upon hire and annually afterward.
The NY DOL will be establishing a model workplace violence prevention training program that employers may use to meet the training requirements. Employers not utilizing the model training program must establish a training program that meets or exceeds the model. Training programs must include the following:
- Examples of measures employees can take to protect themselves when faced with violence from customers or coworkers
- De-escalation tactics
- Active shooter drills
- Emergency procedures
- Instruction on the use of security alarms, panic buttons, and other related emergency devices
The model training program will address conduct by supervisors and additional responsibilities for supervisors, including ways to address workplace-specific emergency procedures and training on areas of previous security problems.
Each employer will also be required to provide employees with a site-specific list of emergency exits and meeting places in case of emergency.
Panic Buttons in the Workplace
Employers with 500 or more retail workers nationwide must also provide employees with access to panic buttons in the workplace. Any panic button utilized through mobile phones may only be installed on employer-provided equipment and cannot be used to track employee locations except when the panic button is triggered.
Under the law, a panic button is a physical button that when pressed will immediately contact a 9-1-1 public safety answering point, provide the employee’s location information, and dispatch local law enforcement to the workplace. It may be a button installed in an easily accessible location in the workplace or a wearable or mobile phone-based button.
Next Steps for Employers in New York
The NY DOL will be issuing its model policy and training templates, which will be available on the NY DOL website. Covered employers should keep an eye out for this information and any additional guidance to ensure compliance with the new law.
Are you looking for help with labor law poster updates at the federal, state, and local levels? Check out GovDocs’ Update Program, trusted by over 30 percent of the Fortune 500.
What is GovDocs?
GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Whether you manage a postings, minimum wage or paid leave program, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. The company is headquartered in Eagan, Minn.
The GovDocs Poster Store simplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs.
