New York Retail Safety Act

The New York Retail Worker Safety Act, signed into law by Governor Kathy Hochul on September 4, 2024, introduces comprehensive measures to enhance worker safety and reduce workplace violence in retail settings. The law applies to retail employers with at least 10 employees and mandates several key requirements.  Establishes the retail worker safety act requiring retail worker employers to develop and implement programs to prevent workplace violence; directs the department of labor to produce a model workplace violence prevention training program; requires employers to provide training on such programs; requires the installation of panic buttons at certain workplaces or wearable or mobile phone-based panic buttons to be provided.

Here's a breakdown:

1.  Workplace Violence Prevention Policy:
 

• Employers must adopt a written policy addressing: 
  • Risk factors such as late-night work, money exchanges, and uncontrolled workplace access.
  • Violence prevention methods, such as reporting systems.
  • Information on laws protecting retail workers and retaliation protections.

• The New York Department of Labor (DOL) will release a model policy that employers can adopt or surpass.

2.  Workplace Violence Prevention Training:
 

• Employers must provide interactive training covering: 
  • De-escalation tactics.
  • Active shooter drills and emergency procedures.
  • Use of alarms, panic buttons, and other safety devices.

• Training is required at hire and annually thereafter.

3.  Panic Buttons for Large Retailers:
 

• Effective January 1, 2027, employers with 500+ retail employees nationwide must install or provide panic buttons.

• Panic buttons must contact 911, relay the employee's location, and dispatch local law enforcement.

4.  Implementation Deadlines:
 

• Compliance with the prevention policy and training program is required by March 3, 2025.
• Panic button requirements take effect by January 1, 2027.

This law aims to address rising workplace violence risks and protect retail employees through proactive measures. Businesses in New York are advised to start evaluating their compliance needs and workplace violence risks to meet the Act's requirements by the respective deadlines.

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"To help prevent workplace violence in public schools, on September 6, 2023, the Governor signed legislation (S1746/A1120) amending the Workplace Violence Prevention Law (Section 27-b of Labor Law), extending coverage to elementary and secondary public education that was previously exempted. This was done by removing the exemption from the definition of “employer” in the law. The amendment of 12 NYCRR Part 800.6 has also been immediately authorized by the legislation. These changes will be effective 120 days (January 4, 2024) after becoming law."

(a) Within and for the purposes of the Department of Labor, this part may be known as Code Rule 800.6, Public Employer Workplace Violence Prevention Programs, relating to requirements of public employers to develop and implement programs to prevent and minimize the hazards of workplace violence to 

public employees; allowing any employee or authorized employee representative 

of employees who believes that a serious violation of this safety or health standard 

exists, or an imminent danger exists, to request an inspection by the department of 

labor; and providing for the enforcement of such requirement by the Commissioner 

of Labor. It may be cited as Code Rule 800.6“Public Employer Workplace 

Violence Prevention Programs” as an alternative and without prejudice to its designation and citation established by the Secretary of State. 

(b) Purpose and Intent: It is the purpose of this code to ensure that the risk of 

workplace assaults and homicides is evaluated by affected public employers and 

their employees and that such public employers design and implement protection 

programs to minimize the hazard of workplace violence to employees.

 The average settlement deal for Workplace Violence cases, to avoid trial, ranges from $300,000 to $500,000. Incidents of workplace violence incur costs such as downtime, loss of productivity, injuries, and legal expenses, emphasizing the importance of implementing effective prevention and mitigation measures. Workplace violence is unpredictable and can occur anywhere at any time, potentially affecting single or multiple victims. Certain industries, such as healthcare and retail, are particularly susceptible to workplace violence. Prioritizing the safety of employees and business premises is paramount for business owners. Studies show that safer workplaces yield higher productivity rates, happier employees, and reduced losses from incidents stemming from social and technical threats. Our mission is to promote security awareness training nationwide by offering comprehensive programs tailored for corporate and educational institutions.

   Business owners, protecting your place of business and the employees that work in your establishment should be your number one concern. It's been documented that safer and more secure workplace, provide for higher percentages of productivity, happier employees, and reduced loss from Workplace incidents, that arise from social & technical threats. One of our goals is to enhance security awareness training throughout the country. With this goal in mind, we develop in-depth programs for corporate & educational institutions.