Establishes the retail worker safety act requiring retail worker employers to develop and implement programs to prevent workplace violence; directs the department of labor to produce a model workplace violence prevention training program; requires employers to provide training on such programs; requires the installation of panic buttons at certain workplaces or wearable or mobile phone-based panic buttons to be provided.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8947C
SPONSOR: Reyes TITLE OF BILL:
An act to amend the labor law, in relation to requiring retail worker
employers to develop and implement programs to prevent workplace
violence
PURPOSE:
To increase worker safety by requiring retail worker employers to imple-
ment policies and training programs to prevent workplace violence.
SUMMARY OF PROVISIONS:
Section 1 provides the title of the act, "Retail Worker Safety Act."
Section 2 provides relevant terms and definitions. The section provides
requirements for employers relating to the development and implementa-
tion of a workplace violence prevention policy and training program. The
Department of Labor would also be required to create a model workplace
violence prevention training program, policy, and guidance document to
be utilized by employers.
Section 3 would establish the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The C-print amendments include requirements for the Department of Labor
(DOL) to produce a model workplace violence prevention policy, guidance
document, and model training program that can be adopted by covered
employers of retail workers. The amendments also provide a definition
and types of panic buttons that can be utilized in the workplace. The
amendments remove the requirement for covered employers to have a secu-
rity guard present at the workplace if such employer experienced a
certain number of workplace violence incidents in a given period of
time.
JUSTIFICATION:
Retail workers are subject to constant verbal harassment, threats of
violence and actual violence. Violence has become normalized in retail
settings, especially since the pandemic, when retail workers had to
enforce mask wearing and social distancing rules in order to keep them-
selves safe. Grocery store workers have also been targeted for racial-
ly-motivated mass shootings; we recently honored the one-year anniver-
sary of the mass shooting at the Tops supermarket in Buffalo. While
there is no data on the amount of verbal harassment suffered by retail
workers, we know anecdotally it, is often a daily issue. This is unac-
ceptable.
Despite the constant harassment and assaults faced by retail workers,
there is virtually no training offered by employers in violence
prevention, de-escalation tactics, or escape procedures. In fact, few if
any employers have actually assessed the risk of violence in the work-
place, let alone developed a plan to reduce the risk. There is no
formalized system to report violent incidents, assess their causes and
develop better strategies for prevention. In many retail settings, secu-
rity guard positions have been cut to save money, despite the threat to
workers remaining. In response, this legislation mandates employers
conduct a risk evaluation by examining the workplace for potential
hazards related to workplace violence and implement a workplace violence
prevention policy and training program.
FISCAL IMPACT:
To be determined.
EFFECTIVE DATE:
This act would take effect on the one hundred eightieth day after it
becomes a law; provided that subdivision 5 of section 27-e of the labor
law, as added by section two this act, would take effect January 1,
2027. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
