On September 5, New York’s governor Kathy Hochul signed the Retail Worker Safety Act (A8947-C/S8358-C) to require employers to take steps to protect employees in retail stores from workplace violence (NY Labor Law sec. 27-e). The new law assigns the New York Department of Labor (NYDOL) to develop model policy and training documents for use by employers. Most requirements are effective as of March 4, 2025. These retail workplace violence prevention (WVP) requirements are comparable to public sector employer requirements in place since 2007 (NY Labor Law sec. 27-b), which are also administered and enforced by NYDOL. The rest of this note describes these new requirements.
Which employers are covered?
The new law applies to any employer (individual(s) or organization) with at least 10 “retail employees,” under the following definitions:
- "Retail employee" means an employee working at a retail store for an employer.
- "Retail store" means a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises.
As I’ll explain below, additional requirements apply to employers with more than 500 retail employees nationwide.
What is workplace violence?
The new law applies to “workplace violence” but does not define the term. NYDOL is to adopt rules and regulations by January 1, 2027. For comparison, NYDOL’s existing regulation for public sector employer WPV:
“(12 NYCRR 800.6(d)(11)) Workplace Violence. Any physical assault or acts of aggressive behavior occurring where a public employee performs any work-related duty in the course of his or her employment including but not limited to:
(i) An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee;
(ii) Any intentional display of force which would give an employee reason to fear or expect bodily harm;
(iii) Intentional and wrongful physical contact with a person without his or her consent that entails some injury;
(iv) Stalking an employee with the intent of causing fear of material harm to the physical safety and health of such employee when such stalking has arisen through and in the course of employment.”
Other jurisdictions also provide similar definitions.
What WPV policies will be required for retail employers?
NYDOL is to create and publish a model retail WVP policy. Retailers can adopt it, or create their own as long as their custom policy meets or exceeds the model’s standards. The model must include at least the following:
(i) outline a list of factors or situations in the workplace that might place retail employees at risk of workplace violence, including but not limited to:
(A) working late night or early morning hours;
(B) exchanging money with the public;
(C) working alone or in small numbers; and
(D) uncontrolled access to the workplace.
(ii) outline methods that employers may use to prevent incidents of workplace violence, including but not limited to establishing and implementing reporting systems for incidents of workplace violence;
(iii) include information concerning the federal and state statutory provisions concerning violence against retail workers and remedies available to victims of violence in the workplace and a statement that there may be applicable local laws; and
(iv) clearly state that retaliation against individuals who complain of workplace violence or the presence of factors or situations in the workplace that might place retail employees at risk of workplace violence, or who testify or assist in any proceeding under the law is unlawful.
NYDOL is to make templates of this model program, and may choose to provide templates in appropriate languages in addition to English. Beginning in 2027, NYDOL is to evaluate its model program and any associated guidance at least every 4 years, and make updates as appropriate.
What notice to employees will be required?
Every retail employer is to provide employees with a notice of the employer’s WVP policy and training, in English and the language self-identified by each employee as primary. However, if an employee identifies their primary language as one not covered by documents provided by NYDOL, the new law allows the employer to provide notice in English. An employer will not be penalized for errors or omissions in non-English portions of any notice provided by NYDOL.
What WPV training will be required for retail employers?
NYDOL, in consultation with (unspecified) relevant groups as necessary, is to produce a model retail WVP training program. Retailers can adopt it, or create their own as long as their custom policy meets or exceeds the model’s standards. NYDOL’s program must be interactive with employees in training, and include at least the following:
- information on the requirements of this section;
- examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or other coworkers;
- de-escalation tactics;
- active shooter drills;
- emergency procedures; and
- instruction on the use of security alarms, panic buttons, and other related emergency devices.
Trainings are also to include a site-specific list of emergency exits, and meeting places in case of emergency. Trainings are to be provided to each retail employee upon hiring, and annually thereafter.
In addition to this general employee training, NYDOL’s training program must include information addressing conduct by supervisors and any additional responsibilities for such supervisors (e.g., ways to address workplace specific emergency procedures, and training previous security problems).
Which large employers will be required to provide panic buttons?
In addition to the policy and training requirements identified above, every employer with at least 500 retail employees nationwide (not at any one site, and not only in New York) must provide access to panic buttons throughout all workplace(s) in New York, effective January 1, 2027. The new law defines a panic button as follows:
"Panic button" means a physical button that when pressed immediately contacts the local 9-1-1 public safety answering point ("PSAP"), provides that PSAP with employee location information, and dispatches local law enforcement to the workplace. A panic button may be a button that is installed in an easily accessible location in the workplace, or a wearable or mobile phone-based button.
If an employer chooses to utilize wearable or mobile phone-based panic buttons, the employer must provide one to each retail employee.
Mobile phone-based panic buttons may only be installed on employer-provided equipment, and wearable and mobile phone-based panic buttons are not to be used to track employee locations except when the panic button is triggered (i.e., not for other tracking of employees).
What’s Next?
Targeted retail employers will be required to comply with most requirements as of March 4, 2025, with large employer panic-buttons required by January 1, 2027. NYDOL is to develop model programs and trainings. New York employers with fewer than 10 retail employees, and employers with retail employees in other states, should evaluate whether to apply these measures – some other jurisdictions already require WPV for at least some employers (notably several Canadian jurisdictions, and late night convenience stores in New Mexico), and that workplace violence can be considered a known hazard triggering the Employer’s General Duty Clause.
Self-Assessment Checklist
Does the organization operate any activities or facilities where retail employees may be subject to workplace violence, including violence by clients or customers?
- If so, does it maintain a WVP plan?
- If so, does the organization provide WVP training to retail employees?
Has the organization ever had a workplace violence incident at one of its operations?
- If so, how has the organization responded?
Where Can I Go For More Information?
- NY State Assembly, bill page for A8947-C (2024 NY Stat. ch. 308)
- NYDOL, “Workplace Violence Prevention Information - Workplace Violence Prevention for New York State Public Employers” webpage
- OSHA Workplace Violence webpage
- California, Division of Occupational Safety and Health (Cal/OSHA) webpage for WVP proposal
- Canadian Centre for Occupational Health and Safety (CCOHS), “Violence and Harassment in the Workplace” webpage
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com