New York State Enacts Comprehensive Retail Worker Safety Law

Retail workers in New York are set to benefit from enhanced protections against workplace violence and harassment under a new state law, the Retail Worker Safety Act (S. 8358B/A. 8947C). Signed into law by Governor Kathy Hochul on September 4, 2024, the legislation introduces significant amendments to existing labor laws aimed at improving safety standards for retail employees.

The Retail Worker Safety Act introduces several key provisions aimed at enhancing safety for retail workers. Under this new law, retail employers with 10 or more employees are required to implement a comprehensive workplace violence prevention policy. This policy must identify potential risks of violence and outline effective prevention strategies. Employers are tasked with assessing factors that could lead to violent incidents and putting measures in place to mitigate these risks.

In addition to policy requirements, the law mandates that retail employers provide annual training for their employees. This training must cover de-escalation techniques to manage and defuse potentially volatile situations, active shooter drills to prepare for emergencies involving armed threats, and emergency procedures to ensure that employees know the appropriate steps to take during crises. The training will also include instruction on the proper use of panic buttons, which are essential for quickly alerting authorities or management in the event of an emergency.

The Retail Worker Safety Act also includes provisions for panic button installation, particularly targeting larger retail employers. Retail businesses with 500 or more employees statewide are required to either install panic buttons in easily accessible locations throughout their stores or provide employees with wearable or cellphone-based panic buttons. This requirement is designed to improve workers’ ability to quickly signal for help during emergencies, ensuring a faster response in critical situations.

To support the implementation of the new law, the New York State Department of Labor will play a pivotal role. The Department is responsible for developing standardized templates for workplace violence prevention policies and creating training programs to assist employers in meeting the new compliance standards. This support aims to facilitate a smooth transition to the new regulations and ensure that all retail employers are equipped to effectively safeguard their employees.

The Retail Worker Safety Act was championed by State Senator Jessica Ramos (D-Queens) and Assemblymember Karines Reyes (D-Bronx). The legislation received strong backing from the Retail, Wholesale and Department Store Union (RWDSU), reflecting widespread support for enhanced safety measures in the retail sector. RWDSU President Stuart Appelbaum praised the new law, stating, “The preventative measures this law provides will help stop violence and harassment before it starts. More importantly, it will ensure that workers receive prompt assistance in emergencies, potentially saving lives.”

The Retail Worker Safety Act is scheduled to take effect on January 31, 2025. Retail employers are advised to prepare for the new requirements by updating their policies, implementing the necessary safety measures, and ensuring that all employees receive the mandated training by this date. This landmark legislation marks a significant step forward in safeguarding retail workers and addressing the challenges of workplace violence and harassment in New York State.

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