On September 4, 2024, Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (“RWSA”) commencing a 180-day countdown to the law’s March 4, 2025, effective date. Similar to California’s workplace violence prevention law discussed HERE, the RWSA aims to increase worker safety and requires employers with at least ten employees working in a store that sells “consumer commodities at retail” (excluding those that primarily sell food for consumption on the premises) to develop and implement a workplace violence prevention policy and training program, provide required notices to employees and, for certain employers, install a panic button in the workplace.
But no need to “panic” yet – the New York Department of Labor (“NYDOL”) is yet to publish its model retail workplace violence prevention policy and training program establishing the minimum requirements employers must meet. In the meantime, covered employers should begin preparing for compliance by reviewing our highlights of the RWSA’s requirements below.
Workplace Violence Prevention Policy
Effective March 4, 2025, covered employers must adopt the NYDOL’s forthcoming model retail workplace violence prevention policy (“WVPP”) or establish a policy that equals or exceeds the standards provided by the model policy. To meet the minimum requirements, the WVPP must:
- Outline a list of factors or situations that may place retail employees at risk of workplace violence, including without limitation: (1) working late night or early morning hours; (2) exchanging money with the public; (3) working alone or in small numbers; and (4) working in a location with uncontrolled access to the workplace.
- Outline methods that employers may use to prevent workplace violence incidents, including, among other things, establishing and implementing reporting systems for such incidents.
- Include information regarding the federal and state statutory provisions concerning violence against retail workers and available remedies to victims of workplace violence, along with a statement that there may be applicable local laws; and
- Clearly state that retaliation is unlawful against individuals who complain of workplace violence or the presence of workplace factors or situations that might place retail employees at risk of workplace violence, or who testify or assist in any proceeding under the law.
Workplace Violence Prevention Training Program
Effective March 4, 2025, covered employers must provide workplace violence prevention training to all retail employees upon hire and annually thereafter by utilizing the NYDOL’s forthcoming model workplace violence prevention training program or by establishing a training program that equals or exceeds the minimum standards provided by the model training program. Specifically, the training program must be interactive and include:
- Information on the RWSA’s requirements;
- Examples of measures retail employees can use to protect themselves during workplace violence from customers or coworkers;
- De-escalation tactics;
- Active shooter drills;
- Emergency procedures;
- Instruction on the use of security alarms, panic buttons, and other emergency devices; and
- A site-specific list of emergency exits and meeting places in case of emergency.
The NYDOL’s model training program will also include information addressing supervisor conduct and additional supervisor responsibilities, including ways to address workplace-specific emergency procedures and training on areas of previous security problems.
Notice
Upon hire and at each annual workplace violence prevention training, covered employers must provide a written notice to employees containing: (1) the employer’s WVPP, and (2) the information presented at the employer’s training program. The required notice must be provided in English and in the primary language of the employee.
Panic Buttons
Effective January 1, 2027, employers with 500 or more retail employees nationwide must provide employees with access to panic buttons that, when triggered, immediately contact the local 9-1-1 public safety answering point, provide the employee’s location information, and dispatch local law enforcement to the workplace. Employers may either (1) install panic buttons in an easily accessible location in the workplace, or (2) provide employees with wearable or mobile phone-based panic buttons. If an employer utilizes the wearable or mobile phone-based option, it must be provided to each individual employee, may only be installed on employer-provided equipment, and may not be used to track employee locations except when the panic button is triggered.
If you have questions related to or need assistance complying with the Retail Worker Safety Act, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.
