Last Updated on November 26, 2024

The New York Retail Worker Safety Act, signed into law on September 5, 2024, aims to enhance the safety and security of retail employees. Effective March 3, 2025, this legislation introduces comprehensive measures to mitigate workplace violence risks. Below, we outline the key aspects of the Act and what businesses must do to comply, as well as the challenges that have led to a newly proposed amendment, that could push the effective date to June 2, 2025.

Who Is Covered Under the New York Retail Worker Safety Act?

The Act applies to retail employers in New York who employ at least 10 retail workers in establishments selling consumer goods, such as:

• Clothing and accessory stores.
• Electronics and appliance retailers.
• Home goods and furniture stores.
• Pharmacies and specialty retail outlets.

It excludes businesses primarily focused on selling food for on-premise consumption (e.g., restaurants).

Core Requirements

1. Workplace Violence Prevention Policies

Employers must implement a comprehensive policy that includes:

• Identification of workplace violence risks (e.g., working alone, late hours, or money handling).
• Methods to mitigate these risks.
• Employee protections from retaliation when reporting safety concerns.

2. Training Programs

Businesses must provide interactive training for all employees upon hire and annually thereafter. Training must cover:

• De-escalation strategies.
• Active shooter response drills.
• Use of panic buttons and other safety devices.
• Emergency response protocols tailored to each worksite.

Businesses who need access to interactive training for their employees can check out MyHRConcierge’s offerings here.

3. Panic Buttons for Emergency Situations

Starting in 2027, large employers with more than 500 retail workers must ensure access to panic buttons that contact emergency services directly.

Role of the Department of Labor (NY DOL) in the New York Retail Worker Safety Act

The NY DOL is tasked with developing a model workplace violence prevention policy and training materials. Employers can adopt the state-provided model or design their own policies, provided they meet statutory requirements.

Language Accessibility

All policies, notices, and training materials must be available in English and employees’ primary languages, ensuring accessibility across diverse workforces.

Why This Matters

The Retail Worker Safety Act reflects New York’s commitment to workplace safety, particularly for retail employees who often face unique risks from customer interactions. By establishing preventive policies and equipping employees with the tools to respond effectively, businesses can foster safer work environments while complying with state regulations.

Challenges Lead to a Proposed Amendment

The New York Retail Worker Safety Act, now set to take effect on March 3, 2025, may face further changes due to a proposed amendment that could push the effective date to June 2, 2025. The amendment introduces several notable modifications to the Act’s provisions, offering additional flexibility for employers while maintaining safety standards for retail workers. Key changes include:

• Training Frequency: For employers with fewer than 50 retail employees, workplace violence prevention training would shift from an annual requirement to every two years after the initial hire.
• Language Accessibility: Model templates from New York State would be issued in English and the 12 most commonly spoken non-English languages in New York, narrowing the language scope compared to the current version of the law.
• Redefining “Panic Buttons”: The term “Panic Button” would be replaced with “Retail Worker Requests for Assistance,” and the section would focus on providing Silent Response Buttons (SRBs). These SRBs must allow workers to discreetly call for assistance from a supervisor or security personnel, rather than directly contacting emergency services.
• Applicability of Assistance Requests: The SRB provision would apply only to employers with 500 or more retail employees statewide, instead of the current threshold based on nationwide employee numbers.
• Extended Compliance Timeline: The amendment would grant 270 days (instead of 180) from the signing date for employers to meet compliance standards, with the SRB requirements still slated for January 1, 2027.

These potential changes aim to address employer concerns about operational burdens while still prioritizing retail worker safety. Employers should continue preparing for the current version of the law while closely monitoring the amendment’s progress, as its passage could significantly impact compliance strategies and timelines.

Next Steps for Employers Covered Under the New York Retail Worker Safety Act

1. Review Current Policies: Evaluate existing workplace safety protocols and identify areas for improvement.
2. Develop Compliance Plans: Align your policies and training programs with the Act’s requirements.
3. Leverage State Resources: Consider adopting the NY DOL’s model policy and training program once available.
4. Communicate Changes: Inform employees about new safety measures and provide accessible training materials.

Make MyHRConcierge Your Training Partner

Navigating the compliance requirements of the New York Retail Worker Safety Act can feel overwhelming. With mandates for workplace violence prevention policies, annual training and the introduction of emergency protocols, retail businesses need a reliable partner to ensure they meet these obligations seamlessly.

At MyHRConcierge, we help businesses implement effective, compliant workplace training solutions. Partnering with MyHRConcierge not only ensures compliance with the Retail Worker Safety Act but also demonstrates your commitment to fostering a safe, supportive work environment. Let us help you protect your employees and your business. Contact MyHRConcierge today to get started, at ccooley@myhrconcierge.com, 855-538-6947 ext. 108. Or, schedule a free consultation below: