Retail Employers Need Additional Workplace Safety Measures

Beginning March 4, 2025, employers with at least ten “retail” employees – defined as
“employees at a store that sells consumer commodities which is not primarily engaged in the sale of food for consumption on the premises” – must comply with the Retail Worker’s Safety Act (“the Act”).

These employers must soon put in place the following workplace safety measures:

  1. Establish a Workplace Violence Prevention Policy

Employers need a written workplace violence prevention policy.  Employers can use the expected Department of Labor (“DOL”) model policy or their own policy that meets or exceeds the minimum requirements established in the state’s model.

Employers need an interactive training program based on the workplace violence prevention policy.  Employers can use the DOL model program or their own program that meets or exceeds the state’s minimum requirements.  As part of this training, employers need to communicate to each employee a list of site-specific emergency exits and meeting places in case of emergency.

Employers with at least 500 retail employees need to give panic buttons that when pressed, immediately contact the local 911.  Panic buttons must be installed in an easily accessible location, either throughout the workplace or provided to employees via wearable devices or mobile applications.

Employers must notify employees of their workplace safety programs.  Upon hire and annually thereafter, employers need to give employees their written workplace prevention policy and training program in English and in the employee’s primary language.

Beginning in 2027, and every four years afterwards, the DOL will evaluate the impact of these requirements and update accordingly.  Retail employers should take steps today to comply.

If you have any questions or concerns about New York’s labor and employment laws, please contact Chaim Book at cbook@booklawllp.com or Sheryl Galler at SGaller@booklawllp.com.

Posted December 12, 2024