Last week, New York enacted the Retail Worker Safety Act. Now, retail employers with ten or more employees will be required to develop and implement programs to prevent workplace violence. Furthermore, it directs the Department of Labor to create a model workplace violence prevention training program. It also requires employers to provide training on such programs. For the first time, New York will mandate the installation of panic buttons at certain workplaces or the use of wearable or mobile phone-based panic buttons for retail workers employed by companies with more than 500 employees nationwide.
The stated justifications for the new law include enhancing worker safety and commemorating the one-year anniversary of the mass shooting at the Tops supermarket in Buffalo. It also cited anecdotal evidence of verbal harassment, threats, and actual violence suffered by retail workers on a daily basis. Despite these concerns, the Retail Worker Safety Act aims to address the lack of training and support provided to these employees.
The law applies to retailers who sell consumer commodities but does not apply to retailers primarily engaged in the sale of food for consumption off the premises.
The Retail Worker Safety Act requires employers to:
- Create a violence prevention plan;
- Train workers in de-escalation techniques;
- Install panic buttons in corporate retail stores (if there are more than 500 employees section-wide) starting on January 1, 2027. This requirement can be satisfied by providing certain wearable technology or a mobile phone-based application.
Perhaps the most controversial aspect of the Retail Worker Safety Act is the requirement for the installation of panic buttons or the technology described above. The cost is a concern to employers, while the encroachment on privacy is a concern to employees.