On Sept. 5, 2024, Gov. Kathy Hochul signed the Retail Worker Safety Act (A.8947/S.8358). The law will require certain New York retailers to adopt safety measures to address and prevent workplace violence in retail settings.
Covered employers include “any person, entity, business, corporation, partnership, limited liability company, or an association employing at least ten retail employees.” The “retail employees” must work in a retail store that “sells consumer commodities.” Retailers who primarily “sell food for consumption on the premises” are excluded. Employers of the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality are also excluded from coverage under the Act.
The law requires covered employers to adopt a Workplace Violence Prevention Policy by June 2, 2025. The Department of Labor will be producing a model workplace safety policy that will contain the following:
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; and
uncontrolled access to the workplace.
Outline methods that the employer may use to prevent incidents of workplace violence, including but not limited to establishing and implementing reporting systems for 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; and
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.
The new law includes a required training program. Effective June 2, 2025, covered employers must establish an interactive workplace violence prevention training program that includes:
Information on the requirements under the Act;
Examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or other coworkers;
De-escalation tactics;
Active shooter drills;
Emergency procedures;
Instruction on the use of security alarms, panic buttons and other related emergency devices;
Information addressing conduct by supervisors and any additional responsibilities for such supervisors, including ways to address workplace specific emergency procedures.
Training on areas of previous security problems.
As part of this training, every employer is required to communicate to each employee a site-specific list of emergency exits and meeting places in case of emergency.
The Department of Labor will also produce a model workplace violence prevention training program that employers may adopt in their workplaces.
Additionally, there is a “panic button” requirement for large retailers. Effective January 1, 2027, covered retail employers with 500 or more retail employees in the state must provide every retail employee with a silent response button to request immediate assistance from a security officer, manager, or supervisor while the employee is working at the employee’s location in case of an emergency.
Large-scale retailers with locations in New York state must provide their retail employees with access to a silent response button in one of two ways:
Install the silent response button in an “easily accessible” location in the workplace; or
Provide all employees with a wearable or mobile phone-based button on employer-provided equipment.
Finally, beginning June 2, 2025, covered retail employers with at least 50 retail employees must provide workplace violence prevention training to all retail employees upon hire and on an annual basis thereafter. Employers with fewer than 50 retail employees must provide workplace violence prevention training upon hire and once every two years thereafter.
At every annual or bi-annual workplace violence prevention training program, all covered retail employers must provide their retail employees with the following in writing in English and in the language identified by each employee as their primary language:
A notice containing the retail workplace violence prevention policy; and
A notice containing the information presented at the workplace violence prevention training program.
As more information and DOL model policies and plans become available, we will update.