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
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
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.
For employers with fifty or fewer retail employees, training is required upon hire and every two years thereafter. Employees with fifty or more retail employees must conduct training upon hire, then annually thereafter. 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. Again, employers can also choose to develop a customized program to fit their individual needs.
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 twelve most common non-English languages spoken by limited English proficient individuals in New York, based on the data in the most recent American Community Survey published by the United States Census Bureau and published online by the New York State office of language access.
Retail Workers Request for Assistance
By January 1, 2027, the regulation requires large retail employers with 500 or more workers in New York State 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.
Every retail worker must be provided with a silent response button (SRB) to request immediate assistance from a security officer, manager, or supervisor while the employee is working in case of emergency. These devices can be either installed in an easily accessible location in the workplace, or be a wearable or mobile phone-based button. Silent response buttons shall not be used to track employee locations except when the panic silent response 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.
The effective date of this amendment is 270 days after the law was adopted. That means that at this time, instead of the majority of requirements under the law going into effect on March 4, 2025, the projected new date of compliance for the Retail Worker Safety Act is June 2, 2025. The implementation of silent response buttons remains unchanged and goes into effect on January 1, 2027.
