The New York Retail Worker Safety Act

On September 4, 2024, New York Governor Kathy Hochul approved legislation that mandates retail employers to establish and enforce workplace violence prevention policies and provide related training to their employees. The law is set to take effect 180 days from the signing date, making its implementation deadline March 3, 2025.

Key Compliance Requirements for Employers

Under The Retail Worker Safety Act (S8358C/A8947C) retail employers in New York have to meet specific requirements to maintain compliance and ensure workplace safety. The Act’s requirements cover essential safety protocols, including written policies, mandatory training, and the use of technology to protect the safety of employees. Some key compliance requirements include

Workplace Violence Prevention Plan: Employers are required to develop a detailed workplace violence prevention policy. The policy has to address potential threats such as late-night shifts, handling money, and working alone, while also providing strategies to mitigate these risks.
Employee Training: Employers have to provide employees with workplace violence training upon hiring and on an annual basis. The training needs to cover de-escalation techniques, active shooter protocols, and emergency response procedures.
Risk Assessments: Employers must regularly conduct and document workplace risk assessments to identify and address violence risks specific to their retail environment. These assessments should be updated as operational changes occur.
Panic Buttons for Large Retailers: For retail employers with 500 or more employees nationwide, panic buttons have to be installed in accessible locations throughout the store. These devices enable employees to quickly alert emergency services in the event of an incident. (Section 27(e)(5) Taking Effect January 1, 2027)

Developing a Workplace Violence Prevention Plan

Retail employers subject to the New York Retail Worker Safety Act are required to implement a comprehensive workplace violence prevention plan. This plan should identify potential risks and outline procedures for minimizing them. Each plan should be customized to address the specific challenges of each retail environment, considering factors such as store size, operating hours, and the types of interactions employees face daily. Every workplace violence prevention plan should include:

Risk Factors: The plan must highlight common workplace violence risks, including latenight shifts, handling cash, working in small teams, and having uncontrolled access points.
Prevention Strategies: It also needs to include specific prevention measures such as improving store security, installing surveillance systems, and enhancing lighting in highrisk areas.
Incident Reporting Procedures: The plan must establish clear protocols for reporting and responding to incidents. This includes defining how employees should report threats or violent incidents and how management will respond.
Emergency Response Protocols: The plan should outline the steps employees and managers must follow during violent incidents, including evacuation routes and how to contact emergency services.
Tailoring Plans for Different Retail Settings: Each retail location may have unique risk factors. Plans should be adapted to consider the specific layout, operational hours, and staffing patterns of each store.

Employee Training Requirements

Employers are responsible for making sure that all retail employees receive proper training under the New York Retail Worker Safety Act. This training prepares employees to respond to potential workplace violence and handle emergency situations effectively. This requirement applies to new hires and must be repeated on an annual basis for all staff. Effective training regimes should include:

Initial Training for New Hires: Employers are to provide comprehensive training for new employees upon hire. This includes instruction on identifying warning signs of workplace violence, de-escalation tactics, and emergency procedures.
Ongoing Annual Training: All employees are required to receive refresher training at least once a year. This keeps staff up-to-date on safety protocols and prepared to handle violent incidents as they arise.
Training Content: The training should cover key areas such as identifying potential threats, active shooter drills, use of panic buttons, and procedures for safely evacuating the workplace during an emergency.
Role-Specific Training: Additional training may be required for employees in higher-risk roles, such as those handling cash or working late shifts. These staff members should receive more targeted instruction on responding to specific risks they may encounter.
Documentation of Training: Employers are obligated to keep thorough records of all training provided, including dates, attendees, and the topics covered, to demonstrate compliance with the Act’s requirements.

Workplace Risk Assessments

Employers subject to The New York Retail Worker Safety Act are required to regularly conduct workplace risk assessments to identify potential hazards and uncover the specific risks present in their retail environment, then take proactive steps to mitigate them. Risk assessments should encompass the following:

Identifying Potential Hazards: Employers need to assess common retail risks, such as handling cash, working late hours, being alone, and managing confrontational customers.
Employee Involvement: Employees should be involved in the risk assessment process, as they can provide valuable insights into the safety challenges they face in their daily operations. Encouraging staff participation promotes a culture of safety.
Documenting Risk Assessments: Each assessment must be documented, noting the specific risks identified and the steps taken to address them.
Regular Updates: Risk assessments should not be a one-time activity. They need to be conducted regularly, especially when there are changes in operations, such as new store layouts, staff schedules, or shifts in customer volume.
Implementing Corrective Actions: Once risks are identified, employers have to take immediate corrective actions, such as improving security measures or modifying store policies to address the potential threats.

Incident Reporting and Investigation

Retail employers must establish clear and accessible procedures for reporting and investigating workplace violence. These processes help both employees and employers address incidents effectively, which reduces risks and prevents further occurrences.

Reporting Procedures: Employers need to establish a straightforward reporting process that allows employees to quickly report incidents or threats of violence. These channels might include dedicated hotlines, online systems, or direct supervisors, depending on the company’s structure.
Confidentiality and Protection: Employees need to feel confident that their reports will remain confidential and that there will be no retaliation. This helps encourage reporting and increases the odds that all threats are properly addressed.
Thorough Investigations: Once a report is made, employers must conduct a prompt and comprehensive investigation. This should include interviews with witnesses, reviewing any relevant evidence, and assessing the root cause of the incident to prevent it from recurring.
Corrective Measures: After the investigation, employers are expected to take immediate steps to address the underlying issue. This may involve updating policies, improving security, or making changes to the workplace environment.
Detailed Documentation: Employers are required to document every step of the reporting and investigation process. These records provide valuable insights into workplace risks and demonstrate that employers are actively addressing violence in the workplace.

Enforcement and Penalties for Non-Compliance

Retail employers in New York face significant consequences if they fail to comply with the New York Retail Worker Safety Act, which can range from financial fines to increased litigation risks if an employer’s safety measures are found to be significantly lacking. The New York Department of Labor is responsible for enforcing the provisions of the New York Retail Worker Safety Act. This includes conducting inspections and investigations to determine whether employers are following the required workplace violence prevention measures. Some potential penalties for noncompliance include:

Fines and Penalties: Employers who fail to comply with the law may face civil penalties. Fines are imposed for non-compliance with training requirements, inadequate risk assessments, or failure to develop a proper workplace violence prevention plan.
Litigation Risks: Non-compliance with the Act can lead to legal disputes. If an employee suffers harm due to workplace violence and the employer has not implemented the necessary safety measures, the employer could be held liable in civil court.
Public Record of Violations: Violations of the Act may be made public, potentially damaging an employer’s reputation. Retail businesses that do not meet safety standards risk negative publicity and a loss of customer trust.
Corrective Actions After Violations: Employers found to be in violation of the New York Retail Worker Safety Act are required to take swift corrective action. These actions may include offering any missing training, revising existing workplace violence prevention plans, or implementing measures to improve overall safety in the workplace. Not taking timely action to address violations could result in additional penalties or more severe legal repercussions.

Strategies for Employers to Maintain Compliance

Employers are responsible for conducting regular reviews, update safety policies, and engage employees to ensure compliance with the New York Retail Worker Safety Act. Effective compliance strategies include:

Regular Internal Audits: Auditing workplace violence prevention plans, training, and risk assessments on a consistent basis helps employers spot compliance gaps and make necessary updates to maintain safety standards.
Policy Updates: Workplace violence prevention policies need to be regularly updated to reflect changes in the workplace, or new threats. Employers should adapt their plans to any operational changes, new store layouts, or shifts in employee duties.
Ongoing Employee Feedback: Employers should actively seek feedback from employees about workplace safety concerns. Engaging staff in the process helps identify risks that may not be obvious to those not actively involved in the work environment, while also allowing employees to feel involved in maintaining a safe work environment.
Training Reviews and Refreshers: While annual training is required, employers should periodically review training content to make sure it remains relevant and effective. Refresher courses may be necessary if new risks are identified or procedures are updated.
Collaboration with Safety Experts: Employers can gain valuable insights by consulting workplace safety professionals to assess compliance and identify potential vulnerabilities. Specialists in safety can recommend specific improvements to enhance prevention measures and ensure compliance with the New York Retail Worker Safety Act

The Importance of Hiring an Attorney

The New York Retail Worker Safety Act sets clear requirements for employers, with noncompliance leading to legal and financial risks. An attorney can help businesses fulfill these obligations and avoid costly penalties.

Compliance Support: An attorney can guide employers through the complexities of the Retail Worker Safety Act, verifying that prevention plans, training programs, and other safety measures are in line with legal requirements.
Proactive Risk Management: Attorneys can help employers pinpoint vulnerabilities that might lead to violations. Through advice on preventative measures and regular audits, they reduce the risk of non-compliance.
Managing Legal Disputes: When an incident occurs or a violation is alleged, hiring an attorney is critical to handling investigations and defending your company in legal proceedings.
Staying Current on Law Updates: An attorney keeps employers informed about any changes to the law, making sure that their safety policies and practices remain compliant as new regulations emerge.

Why Choose Conn Maciel Carey, LLP

Conn Maciel Carey’s national Labor & Employment Practice Group represents employers in all aspects of the employment relationship. Our team provides in-depth legal guidance for employers working to comply with the New York Retail Worker Safety Act. With extensive experience in workplace safety and retail regulations, we offer solutions designed to address the unique challenges faced by each client.

This article is intended for informational purposes only and does not serve as legal advice. It does not cover all aspects or requirements of the relevant laws. If you have any specific questions or need clarity on these legal issues, please consult your attorney for detailed guidance.