New York State Legislature has passed an amendment to Section 780 of the Labor Law, entitled “Warehouse Worker Injury Reduction Program,” a significant step toward protecting warehouse workers. This legislation, set to take effect on June 1, 2025, aims to address the rate of workplace injuries in the warehouse industry and implement measures to ensure worker safety and reduce these injuries and their associated costs.
For covered employers, compliance with this legislation will require proactive safety measures, ergonomic job design, and transparency in reporting workplace risks.
Who is a Covered Employer?
The law applies to employers who employ over 100 employees at a single warehouse distribution center, or over 1,000 employees at one or more warehouse distribution centers within New York state.
With limited exclusions, a warehouse distribution center means an establishment as defined by any of the following North American Industry Classification System (“NAICS”) codes.
Key Provisions of the Injury Reduction Program
The law mandates that every “warehouse employer” implement a comprehensive Injury Reduction Program (IRP) to identify and mitigate risks associated with musculoskeletal injuries.
The program will focus on several crucial areas:
- Worksite evaluations. Employers must conduct written evaluations of job tasks by a qualified ergonomist to assess risk factors such as excessive force, repetitive motion, awkward postures, and rapid work pace. The state will define and certify approved ergonomists for this purpose.
Worksite evaluations must be reviewed and updated annually and within 30 days of a new job, process, or operation being introduced that could increase the risk of musculoskeletal injuries or disorders. - Control of exposures. Employers must correct identified risks within 30 days or provide a schedule for implementing safety measures. Risk reduction strategies include engineering controls (e.g., workstation redesign) and administrative measures (e.g., job rotation, additional breaks). Records of safety improvements must be maintained and made available to workers.
- Mandatory training. Warehouse employees and supervisors will receive annual safety training during paid work hours. Training will cover early signs of musculoskeletal injuries, workplace risk factors, employer injury prevention programs, and worker rights. A special focus will be placed on protections against retaliation for reporting safety concerns.
- On-site medical and first aid practices. Employers with onsite medical care must ensure medical personnel providing care for work-related injuries operate within state guidelines and do not delay medical treatment. A board-certified occupational medicine consultant will oversee medical protocols and ensure compliance. Workers retain the right to seek independent medical treatment under workers’ compensation laws.
- Employee involvement. Employees and their representatives must be consulted in the development and execution of safety programs. If employees have established a workplace safety committee, employers must actively consult with the committee on the development and implementation of all aspects of the injury reduction program.
- Recordkeeping. Copies of the worksite risk factor evaluations shall be made available to workers and their representatives upon request, at no cost, within one business day of such request. All documents provided to employees shall be provided in writing in English and the language identified by each employee as the primary language of such employee.
Next Steps for Employers
While additional guidance is expected from the Labor Commissioner before the effective date, covered employers can take steps now to begin conducting and developing their IRP by taking the following steps to comply with the new law:
- Education and Training: Familiarize themselves with the requirements of the IRP. Train employees and supervisors in the new regulations.
- Implement Procedures: Establishing clear procedures for reporting and addressing musculoskeletal injuries.
- Seek Guidance: Consult with legal counsel and/or HR professionals to ensure compliance.
