The Retail Worker Safety Act (RWSA) amends New York Labor Law by adding Section 27-e to mandate that retail employers with at least 10 employees develop and implement workplace violence prevention programs. Most of the law’s provisions take effect on March 3, 2025. The requirements will not apply to public employers or retail stores that sell food to be consumed onsite. The key requirements of the legislation include a workplace violence prevention policy/plan; employee training; and notice requirements as outlined below:
- Workplace Violence Prevention Policy
Employers must adopt a retail workplace violence prevention policy that aligns with or exceeds the state’s model policy. This policy will function as a workplace violence prevention plan and should identify potential risks and outline methods to prevent workplace violence, including reporting systems and protections against retaliation for employees who report incidents. Employers must provide employees with the workplace violence prevention policy in writing, in both English and the employee’s primary language, at the time of hire and during annual training sessions.
- Employee Training
Employers are required to provide interactive workplace violence prevention training to all retail employees upon hiring and annually thereafter. The training must include de-escalation tactics, active shooter drills, emergency procedures, and instructions on using panic buttons or other emergency devices.
- Panic Buttons
Additionally, employers with 500 or more retail employees nationwide must provide access to panic buttons in the workplace. These can be physical, wearable, or mobile phone-based buttons that connect directly to local law enforcement. This provision takes effect on January 1, 2027.
The New York Department of Labor (DOL) will provide a model policy and model training template in multiple languages, in addition to regulations and guidance for implementation before the effect date. The law also mandates the DOL to regularly evaluate the prevention program requirements every four years, starting in 2027, to ensure effectiveness and make necessary updates.
Next Steps
While regulations and guidance are not yet available, covered employers should begin assessing and identifying any applicable risks in their workplace as well as any prevention measures that may be taken to reduce these risks as these items will need to be incorporated into the policy.
Larger employers (500+ employees) must also plan to invest in panic buttons and ensure appropriate access for employees, potentially requiring technology and equipment upgrades.
HR Works will continue to monitor this topic and provide updates as additional information is made available.
