New York State has taken significant steps to enhance safety for retail workers with the enactment of the Retail Worker Safety Act (RWSA). Signed into law in September 2024 and subsequently amended, this legislation imposes new obligations on many retail employers aimed at preventing workplace violence. Most provisions of the RWSA are set to take effect on June 2, 2025, making preparation crucial for covered businesses.

This article breaks down the key components of the RWSA to help New York retail employers understand their new responsibilities.

Who is Covered by the RWSA?

The RWSA applies to employers with 10 or more retail employees working in New York State.

  • A "retail employee" works at a "retail store."
  • A "retail store" is defined as a store selling consumer commodities at retail, which is not primarily engaged in selling food for consumption on the premises (e.g., restaurants are generally excluded, but retail shops are included).

Key Requirements Effective June 2, 2025

Covered employers must comply with several core requirements starting June 2, 2025:

1. Written Workplace Violence Prevention Policy

Employers must adopt a written policy aimed at preventing workplace violence. You can either:

  • Adopt the model policy to be developed and published by the New York State Department of Labor (NYDOL), OR
  • Establish your own policy that meets or exceeds the minimum standards of the NYDOL model.

This policy must include:

  • A list of factors or situations that might put retail employees at risk of workplace violence (e.g., working late hours, exchanging money, working alone, uncontrolled access).
  • Methods the employer will use to prevent violence, specifically including establishing and implementing reporting systems for incidents.
  • Information on federal and state laws regarding violence against retail workers and available remedies.
  • A clear statement that retaliation is unlawful against employees who report violence, risk factors, or assist in related proceedings.

2. Mandatory Workplace Violence Prevention Training

Employers must provide interactive training to retail employees covering workplace violence prevention.

  • Frequency:
    • Employers with 50 or more retail employees: Training required upon hire and annually thereafter.
    • Employers with fewer than 50 retail employees: Training required upon hire and once every two years thereafter.
  • Content: The NYDOL will develop a model training program. Employers can use this model or develop their own equivalent or better program. The training must be interactive and cover, at minimum:
    • Information on the RWSA's requirements.
    • Measures employees can use to protect themselves.
    • De-escalation tactics.
    • Active shooter drills.
    • Emergency procedures.
    • Instructions on using security alarms, buttons (including Silent Response Buttons where applicable), and other emergency devices.
    • A site-specific list of emergency exits and meeting places.

3. Employee Notification

Employers are required to provide written notice to retail employees containing:

  • A copy of the Workplace Violence Prevention Policy.
  • Information presented during the Workplace Violence Prevention Training.

This notice must be provided at the time of hiring and during each required training session. The notice must be in English and the primary language identified by each employee (provided the NYDOL makes a template available in that language).

Silent Response Buttons (Effective January 1, 2027)

A separate requirement exists for larger retailers:

  • Applies To: Employers with 500 or more retail employees in New York State.
  • Requirement: Must provide access to "Silent Response Buttons" throughout the workplace by January 1, 2027.
  • Functionality: These buttons (which can be physical, wearable, or phone-based on employer-provided devices) must be programmed to request immediate assistance from internal staff (such as a security officer, manager, or supervisor) in case of an emergency. Note: This was amended from the original "Panic Button" concept that required direct 911 contact.

Employer Considerations and Next Steps

With the June 2, 2025 effective date rapidly approaching for most provisions, covered New York retail employers should take action now:

  1. Confirm Coverage: Determine definitively if your business meets the definition of a covered retail employer under the Act.
  2. Monitor NYDOL: Keep an eye out for the model policy and training program from the NY Department of Labor.
  3. Policy & Training Decision: Decide whether to adopt the state models or develop customized versions that meet or exceed the standards.
  4. Develop Implementation Plan: Draft your policy, plan your training schedule and content, and prepare the required employee notices.
  5. Budgeting: Account for compliance costs, including employee time for training and, for larger employers, the future implementation of silent response buttons.
  6. Internal Communication: Ensure managers and supervisors understand the new requirements and their roles in implementing the policy and supporting employees.
  7. Consult Legal Counsel: It is highly advisable to consult with experienced New York employment law counsel to ensure your policies, training, and implementation plans fully comply with the RWSA and integrate with other existing legal obligations.

Conclusion

The New York Retail Worker Safety Act represents a significant development in workplace safety regulations for the retail industry. Proactive preparation is essential for covered employers to meet the upcoming deadlines, foster a safer environment for their employees, and ensure legal compliance.

PRIMIS GLOBAL INC.
400 Rella Blvd #207-962
Montebello, NY 10901
Phone: (845) 208-9558
david.koran@primisglobal.com