New York Retail Employers Must Implement Workplace Violence Prevention Policies and Annual Training Starting in March 2025 | Davis Wright Tremaine (2024)

Retail employers in New York state will be required to issue workplace violence prevention policies and conduct annual workplace violence prevention training beginning March 3, 2025, under the New York Retail Safety Act signed by Governor Hochul on September 4, 2024. Larger retailers with 500+ retail employees will also be required to install panic buttons throughout their stores or on equipment provided by the employer to its retail employees effective January 1, 2027.

The act creates one of the most comprehensive workplace violence laws in the country for retail employees. It comes on the heels of California's recently enacted workplace violence act, which also requires employers in a number of industries to implement workplace violence prevention plans.

Retailers With 10+ Employees

The act covers all employers with at least 10 retail employees who work at a retail store, which is defined broadly 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."

Written Workplace Violence Prevention Policiesthe act requires employers to assess potential workplace violence hazards and adopt written workplace violence prevention policies that address risk factors and prevention methods. Notably, the act requires the Department of Labor ("DOL") to create and publish a model retail workplace violence prevention guidance document and retail workplace violence prevention policy. The model policy will:

  1. Outline a list of factors or situations in the workplace that might place retail employees at risk of workplace violence, including, but not limited to:
    1. Working late-night or early-morning hours;
    2. Exchanging money with the public;
    3. Working alone or in small numbers; and
    4. Uncontrolled access to the workplace.
  2. Outline methods that employers may use to prevent incidents of workplace violence, including, but not limited to, establishing and implementing reporting systems for incidents of workplace violence.
  3. Include information concerning the federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace and statement that applicable local laws may exist.
  4. Clearly state that retaliation against individuals who complain of workplace violence or the presence of factors or situations in the workplace that might place retail employees at risk of workplace violence, or who testify or assist in any proceeding under the law, is unlawful.

Employers subject to the act are required to adopt the model policy or to implement their own policy that equals or exceeds the minimum standards set forth in the statute and the model policy. Accordingly, in the event an employer enacts a workplace violence prevention policy before the DOL issues its model policy, it is important that the policy satisfy these statutory elements.

Moreover, the workplace violence prevention policy must be provided to all employees in writing upon hire and annually thereafter.

Workplace Violence Prevention Training –the act mandates that employers conduct interactive workplace violence prevention training, a model of which will be published by the DOL. Employers subject to the act must utilize the model training or establish training that equals or exceeds the minimum standards provided by the model. Importantly, the training must be interactive and include, but not be limited to:

  1. Information regarding the requirements of the act;
  2. Examples of measures retail employees can use to protect themselves when faced with workplace violence from customers;
  3. De-escalation tactics;
  4. Active-shooter drills;
  5. Emergency procedures;
  6. Instructions on the use of security alarms, panic buttons, and other related emergency devices;
  7. Supervisor conduct and additional responsibilities for supervisors to address workplace-specific emergency procedures; and
  8. Identification of a site-specific list of emergency exits and meeting places in case of emergency.

The workplace violence prevention training must be provided upon hire and on an annual basis thereafter.

Written Notice–the act mandates that employers provide retail employees upon hire and at each annual training a written notice in English and in the language identified by each employee as their primary language (so long as the DOL has issued a model in that language). If the DOL has not issued a model in an employee's primary language, the employer may provide an English-language notice.

These requirements are effective March 3, 2025.

Retailers With 500+ Employees

Effectively January 1, 2027, employers with 500 or more employees nationwide will be required to install panic buttons in their New York locations. Under the act, employers must either install buttons throughout their stores or provide wearable or mobile phone-based panic buttons to employees. If the employer chooses to utilize wearable or mobile phone-based panic buttons, the employer must provide such panic buttons to all retail employees. When activated, the button would alert the local 9-1-1 public safety answering point, relay the employee's location, and dispatch local law enforcement to the site.

Notably, the act prohibits wearable and mobile phone-based panic buttons from being installed on the employee's personal equipment and from "be[ing] used to track employee locations except when the panic button is triggered."

Employer Takeaways

Employers with retail operations in New York are encouraged to start preparing their policies and employee training procedures. We will continue to monitor the act and the DOL's issuance of the model policy and training.

If you have any questions about your company's compliance with the new requirements, please contact DWT'semployment services attorneys,who are available to advise and assist.

New York Retail Employers Must Implement Workplace Violence Prevention Policies and Annual Training Starting in March 2025 | Davis Wright Tremaine (2024)

FAQs

What does the CUNY workplace violence Prevention policy require from professional staff in regards to reporting instances of violence? ›

All acts of workplace violence whether committed by employees, students, or visitors, must be reported promptly to a supervisor/department chair, or to the campus Human Resources or Public Safety Office.

What is the SUNY policy on workplace violence? ›

Policy Statement

No person may engage in violent conduct or make threats of violence, implied or direct, on ESF facilities or in connection with College business. ESF requires that any such threat or act be reported.

What is the workplace policy for violence prevention? ›

One of the best protections employers can offer their workers is to establish a zero-tolerance policy toward workplace violence. This policy should cover all workers, patients, clients, visitors, contractors, and anyone else who may come in contact with company personnel.

Which of the following are reporting requirements for managers regarding workplace violence? ›

For all observed or reported incidents of workplace violence, the Manager/Supervisor shall, as soon as reasonably possible, complete the Workplace Violence Incident Report (DGS OHR 24) form, gather written statements from involved employees and submit documentation to the DGS Workplace Violence Prevention Coordinator.

What responsibilities do employers have to prevent workplace violence? ›

Starting July 1, 2024, the majority of employers in California must establish, implement, and maintain a Workplace Violence Prevention Plan that includes: Prohibiting employee retaliation. Accepting and responding to reports of workplace violence.

What is an example of workplace violence policy? ›

[Company Name] does not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of behaviors provides examples of conduct that is prohibited: Causing physical injury to another person.

What does a workplace violence policy cover? ›

Workplace violence insurance typically covers the liabilities stemming from an act of violence or the real threat of violence against your employees/business. This may include medical and mental health expenses, funeral costs, loss of business, and a variety of other damages and liabilities.

In what year did New York state pass the workplace violence Prevention Act? ›

In 2006, New York State enacted legislation requiring public employers to develop and implement programs to prevent and minimize workplace violence and help ensure the safety of public employees.

What are the 3 categories of workplace violence? ›

Proceed to Extent of the Problem.
  • Type 1: Criminal Intent. ...
  • Type 2: Customer/Client. ...
  • Type 3: Worker-on-Worker. ...
  • Type 4: Personal Relationship.

What is one requirement of the workplace violence prevention plan training? ›

The plan will require the maintenance of a violent incident log, training on workplace violence hazards, soliciting feedback from employees and authorized employer representatives, and periodic reviews of the plan. The Division of Occupational Safety and Health, CalOSHA, will enforce the requirements.

Can an employer be liable for workplace violence under OSHA? ›

The Occupational Safety and Health Act's (OSH Act) General Duty Clause requires employers to provide a safe and healthful workplace for all workers covered by the OSH Act. Employers who do not take reasonable steps to prevent or abate a recognized violence hazard in the workplace can be cited.

Do you have to report workplace violence to OSHA? ›

In addition, every employer must immediately report to Cal/OSHA any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment, and this includes incidents resulting from workplace violence.

What is the CUNY policy on gender based violence? ›

CUNY's Commitment

CUNY's policies prohibit sexual harassment and sexual violence of any kind. Sexual harassment, a form of sex discrimination, is illegal under federal, state and city laws and will not be tolerated within CUNY.

What policies should be included in a workplace violence prevention plan select all that apply? ›

OSHA's five major elements of an effective workplace violence prevention program are:
  • Management commitment and employee involvement;
  • Worksite analysis;
  • Hazard prevention and control;
  • Safety and health training;
  • Recordkeeping and program evaluation.

What should a workplace violence prevention and response plan include? ›

Outline procedures to respond to actual or potential workplace violence emergencies. Detail training requirements about this plan, including the frequency of training. Outline procedures to identify and evaluate workplace violence hazards. Communicate post-incident response and investigation processes.

What are the key components that every workplace harassment policy should have? ›

What are the Key Components of a Harassment Policy?
  • Create a Clear Policy That Discrimination is Not Accepted.
  • Clarify Harassment.
  • Create a Clear Way to File a Complaint.
  • Clear Policy for a Harassment Complaint.
  • Umbrella Harassment Policy.
  • The Best Harassment Policies are Stricter Than the Law.

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