The New York Retail Worker Safety Act has recently been passed by the state Senate and Assembly. If signed by the Governor, the legislation will impose new requirements on the retail industry. It’s crucial for potentially subject employers to understand the implications of this legislation and prepare for the upcoming changes.

Overview of the Act

The Retail Worker Safety Act mandates several measures aimed at preventing workplace violence in retail settings. Here are the key components:

1. Workplace Violence Prevention Policy: Retail employers must develop and implement comprehensive workplace violence prevention policies. The policies must identify potential risk factors and outline methods to mitigate these risks. The New York State Department of Labor is tasked with creating a model policy to guide employers.
2. Employee Training: Employers are required to provide annual safety training for their employees. This training must be interactive and cover de-escalation tactics, active shooter drills, and emergency procedures, among other topics.
3. Panic Buttons: One of the most debated requirements is the installation of panic buttons. Employers with 500 or more employees nationwide must provide access to panic buttons that, when activated, immediately notify local law enforcement. This measure aims to provide rapid response during violent incidents.

Covered Employers

The New York Retail Worker Safety Act applies to any employer with at least 10 retail store employees. 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.”

Thus, a wide range of retail businesses, from small shops to large chain stores, must adhere to the new safety regulations. However, public (i.e., governmental) employers are not covered.

Employer Concerns and Compliance

Many employers have expressed concerns about the additional costs and administrative burden associated with complying with the new requirements. Installing panic buttons, providing extensive training, and documenting incidents comprehensively are potentially costly measures, especially for smaller businesses.

However, proponents of the bill argue that the benefits of increased safety and the potential reduction in violent incidents outweigh these costs. They highlight the rising number of workplace violence incidents and the need for stronger protective measures for retail workers.

Looking Ahead

The Retail Worker Safety Act is currently awaiting Governor Kathy Hochul’s signature. If signed, the Act will take effect 180 days later.  So, employers will have a limited timeframe to comply with the new requirements. (If enacted, panic buttons will not become mandatory until January 1, 2027​.)

Retail employers should start reviewing their current workplace safety policies and planning for the implementation of these new requirements. Engaging with legal and safety experts can help create a compliant and effective workplace violence prevention program.

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