New York: Workplace Violence Protections for Retail Employees
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APPLIES TO Employers in NY with 10+ Retail Employees |
EFFECTIVE Pending |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
The State Legislature passed AB A8947C and is expected to be signed by the Governor. The bill would create significant workplace violence prevention requirements for retail employers. The law will go into effect 180 days after signature. The significant requirements of the bill are below:
Covered Employer. A covered employer is any person, entity, business, corporation, partnership, limited liability company, or an association employing at least 10 retail employees. The State of New York, a political subdivision, public authority, or other governmental agencies are excluded from coverage.
Retail Employee and Retail Store. A retail employee is an employee working at a retail store for an employer. A retail store is a store that sells consumer commodities at retail, and which is not primarily engaged in the sale of food for consumption on the premises.
Panic Button. Employers of 500 or more retail employees nationwide must provide panic buttons throughout the worksite. These can be physical or mobile phone-based. Physical panic buttons must immediately contact local 9-1-1 and provide the employee location information while dispatching law enforcement to the worksite. Mobile phone-based buttons can only be installed on employer-provided equipment and cannot track employee locations except when the panic button is triggered.
Workplace Violence Prevention Policy. The State Department of Labor will create a draft model plan, but employers must adopt the model plan or create their own equivalent plan. The plan must be in writing and provided to employees upon hire and annually. The primary requirements of the written plan are as follows:
- Outline a list of factors or situations that might place retail employees at risk of workplace violence (e.g., working late night, exchanging money with the public, etc.);
- List methods that may be used to prevent incidents of workplace violence (e.g., reporting systems);
- Include information about applicable federal and state statutory requirements regarding retail workers and remedies available to victims of violence in the workplace; and
- Statement of non-retaliation for those who complain of risk factors, or who testify or assist in any proceeding under the law.
Training. Upon hire and annually thereafter, employees must be provided a training that includes: 1) information on the requirements of the bill; 2) examples of protective measures retail employees can use; 3) de-escalation tactics; 4) active shooter drills; 5) emergency procedures; and 6) instructions on the use of security alarms, panic buttons, and other emergency devices.
Notice. All employees must be provided a notice, at the time of hire and annually at each training, of the employer’s workplace violence prevention policy and information provided during the training.
Action Items
- Review and revise current workplace violence prevention policies and procedures, as required.
- Assess worksite(s) for potential threats of workplace violence.
- Determine options for panic buttons and placement.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase