How Will NY’s New Law Affect Retailers’ Workplace Safety Policies?

The recent legislative action taken by Gov. Kathy Hochul, titled the "Retail Worker Safety Act," marks a significant milestone in ensuring workplace safety for retail employees in New York. Aimed at preventing workplace violence, this new law mandates specific actions that retail employers must follow to safeguard their employees. With the law affecting employers who have at least ten employees working in retail stores selling consumer commodities (excluding those primarily dealing in food for on-premises consumption), it puts into place structured policies and training programs aimed at mitigating the risks associated with workplace violence.

Formulate a Workplace Violence Prevention Strategy

Under the new legislation, employers must develop and execute a comprehensive workplace violence prevention strategy that addresses several critical aspects. First and foremost, employers have to identify and list workplace safety risk factors, such as working late night or early morning hours and handling cash transactions with the public. The strategy should incorporate specific methods the employer plans to employ to address these instances of workplace violence and boost workplace safety. For example, installing high-quality external lighting around the premises or using drop safes to minimize cash on hand are recommended practices.

The formulated policy should also provide information on federal and state legal provisions regarding violence against retail employees and detail the remedies available to victims of such violence. Moreover, it should clearly state protections against retaliation for employees who report incidents of workplace violence or unsafe conditions, testify, or assist in related proceedings. To ensure widespread awareness and compliance, a copy of this policy must be distributed to new employees upon hiring. Additionally, the policy should be made available annually to all employees and should be accessible in both English and Spanish, or any other language requested by employees within 30 days.

Establish a Violence Prevention Education Program

In order to further enhance workplace safety, the New York State Department of Labor is tasked with creating a model workplace violence training program that will be made available on their website. Employers can opt to adopt this model once it is published or develop their own training program that meets or exceeds the same standards. At a minimum, this education program should include information covered in the workplace violence prevention policy.

The training must also provide examples of measures that retail employees can employ to protect themselves against violence from co-workers or customers, offer instruction on de-escalation tactics, conduct active shooter drills, and include emergency response procedures. Additionally, employees should be provided with guidance on how to use security alarms, panic buttons, and other emergency devices. Finally, the training should feature a site-specific list of emergency exits and assembly points to be used in case of an emergency. The workplace safety training must be conducted in both English and the primary language spoken by the employees to ensure comprehensive understanding and implementation of the safety measures.

Supply Panic Buttons

Gov. Kathy Hochul has introduced the "Retail Worker Safety Act," a pivotal piece of legislation aimed at enhancing the safety of retail employees in New York. This new law is specifically designed to prevent workplace violence by requiring retail employers to implement specific safety measures. These measures include structured policies and training programs focused on minimizing the risk of violence in the workplace. The law applies to retail employers with a minimum of ten employees who work in stores selling consumer goods, excluding those primarily dealing in food for on-premises consumption. By mandating these actions, the Retail Worker Safety Act seeks to create a safer working environment for retail staff. This legislative move highlights the importance of employee welfare and the proactive steps needed to mitigate workplace hazards. Employers now have a clear directive to follow, which ultimately benefits not only the employees but also the overall business operation by fostering a secure and supportive environment. This law marks a significant advancement in workplace safety standards for the retail sector in New York.

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