In an effort to mitigate the risk of violence at work, New York Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (RWSA) on September 5, 2024. The law introduces stringent workplace violence prevention measures for retail employers, including the establishment of a workplace violence prevention plan, training program, and the installation of a panic button.
When Does the Law Take Effect?
Most of the law’s requirements will take effect on March 4, 2025, 180 days following the RWSA’s enactment.
Who Is Covered?
The RWSA applies to any person, entity, business, or company with at least 10 retail employees, defined as those working in a retail store for the employer. A “retail store” is defined as “a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.”
Key Requirements:
Workplace Violence Prevention Plan
Employers subject to the law must adopt a workplace violence prevention policy. The RWSA requires the New York State Department of Labor (NYSDOL) to create a model plan for this purpose. Employers must either adopt this model plan or develop their own policy that meets or exceeds the specified minimum standards. Additionally, employers must provide a written copy of the policy to employees upon hiring and annually thereafter. The workplace violence prevention policy must include:
- A list of factors or situations that may 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; and uncontrolled access to the workplace;
- Methods that employers may use to prevent incidents of workplace violence, including but not limited to establishing and implementing reporting systems for incidents of workplace violence;
- Information on federal and state statutory provisions concerning violence against retail workers and available remedies for victims, and a statement that there may be applicable local laws; and
- A statement 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 Training
Covered employers are required to provide workplace violence prevention training to all new hires and conduct training annually thereafter. The RWSA instructs the NYSDOL to create a model training program, which employers can either use or develop their own program that meets or exceeds the NYSDOL’s minimum standards. The training must be interactive and cover the following topics:
- The requirements of the Retail Worker Safety Act;
- Example of measures employees can use to protect themselves when faced with workplace violence from customers or other coworkers;
- De-escalation techniques;
- Active shooter drills;
- Emergency procedures;
- Instructions on using security alarms, panic buttons, and other emergency devices; and
- A site-specific list of emergency exits and meeting places in case of an emergency.
Panic Button
Starting January 1, 2027, retail employers with 500 or more retail employees nationwide will be required to provide access to panic buttons in easily accessible locations throughout the workplace. These panic buttons are physical buttons that, when pressed, immediately alert the local 911 operators to dispatch law enforcement.
Alternatively, employers can opt to provide wearable or mobile phone-based panic buttons to each of their employees. The mobile-phone based panic button can only be installed on employer-provided phones. Employers are not permitted to use the wearable and mobile phone-based panic buttons to track employees’ locations, except when the button is triggered.
Retail employers in New York state should begin preparing to incorporate the new requirements under the RWSA and keep an eye out for incoming guidance from the NYSDOL.
What to Do Now?
Every retail operation covered by the law should:
- Assess their current Health and Safety plans and procedures and perform a gap analysis to confirm best practices;
- Draft and enact a Model Workplace Violence Plan in Accordance with the Act;
- Plan and prepare to deliver annual workplace safety training; and train the trainers on content and delivery of the safety plan; and
- Plan for the installation of Panic Buttons, either physically or digitally as proscribed by the Act.
Most of All — Don’t Panic:
Sheppard Mullin attorneys are prepared to assist with designing, drafting, developing and delivering training and compliance plan materials to meet the forthcoming requirements. Please reach out to your Sheppard Mullin attorney for assistance in complying with the law’s new requirements.