S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8947
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to  requiring  retail  worker
   employers  to  develop  and  implement  programs  to prevent workplace
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act  shall be known and may be cited as the "retail
 worker safety act".
   § 2. Legislative findings. The legislature  finds  and  declares  that
 violence  against  retail workers is a growing problem in New York. From
 verbal harassment that often leads to physical violence, all the way  to
 racially  motivated  mass  shootings  of  retail  workers and customers,
 retail workers are on the front lines of violence in our society.  Given
 that  these  stores  offer  essential  necessities  to  the public, this
 violence is also a threat to public health and safety.  The  legislature
 also finds and declares that many employers have not done enough to take
 responsibility for the health and safety of their employees. Few employ-
 ers  have  conducted risk assessments of their workplace, and even fewer
 have adequately trained their employees in how to respond to  harassment
 and potentially violent situations.
   §  3. The labor law is amended by adding a new section 27-e to read as
 follows:
   § 27-E. DUTY OF RETAIL  WORKER  EMPLOYERS  TO  DEVELOP  AND  IMPLEMENT
 PROGRAMS TO PREVENT WORKPLACE VIOLENCE. 1. DEFINITIONS. FOR THE PURPOSES
 OF THIS SECTION:
   A.  "EMPLOYER"  MEANS ANY PERSON, ENTITY, BUSINESS, CORPORATION, PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT LEAST
 TEN RETAIL WORKERS. THE TERM SHALL NOT INCLUDE THE STATE, ANY  POLITICAL
 SUBDIVISION  OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL
 AGENCY OR INSTRUMENTALITY.
   B. "EMPLOYEE" MEANS A RETAIL WORKER WORKING FOR AN EMPLOYER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13440-02-4
 A. 8947                             2
              

 
   C. "WORKPLACE" MEANS ANY LOCATION AWAY FROM  AN  EMPLOYEE'S  DOMICILE,
 PERMANENT OR TEMPORARY, WHERE AN EMPLOYEE PERFORMS ANY WORK-RELATED DUTY
 IN THE COURSE OF HIS OR HER EMPLOYMENT BY AN EMPLOYER.
   D.  "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.
   2.  RISK  EVALUATION  AND DETERMINATION. EVERY EMPLOYER SHALL EVALUATE
 ITS WORKPLACE OR WORKPLACES TO DETERMINE  THE  PRESENCE  OF  FACTORS  OR
 SITUATIONS IN SUCH WORKPLACE OR WORKPLACES THAT MIGHT PLACE EMPLOYEES AT
 RISK  OF WORKPLACE VIOLENCE. EXAMPLES OF SUCH FACTORS SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   A. WORKING LATE NIGHT OR EARLY MORNING HOURS;
   B. EXCHANGING MONEY WITH THE PUBLIC;
   C. WORKING ALONE OR IN SMALL NUMBERS;
   D. UNCONTROLLED ACCESS TO THE WORKPLACE; AND
   E. AREAS OF PREVIOUS SECURITY PROBLEMS.
   3. WRITTEN WORKPLACE VIOLENCE PREVENTION PROGRAM. EVERY EMPLOYER SHALL
 DEVELOP AND IMPLEMENT A WRITTEN WORKPLACE  VIOLENCE  PREVENTION  PROGRAM
 FOR ITS WORKPLACE OR WORKPLACES THAT INCLUDES THE FOLLOWING:
   A.  A  LIST  OF THE RISK FACTORS IDENTIFIED IN SUBDIVISION TWO OF THIS
 SECTION THAT ARE PRESENT IN SUCH WORKPLACE OR WORKPLACES;
   B. THE METHODS THE EMPLOYER WILL USE TO PREVENT INCIDENTS OF WORKPLACE
 VIOLENCE AT SUCH WORKPLACE OR WORKPLACES, INCLUDING BUT NOT  LIMITED  TO
 THE FOLLOWING:
   (1) MAKING HIGH-RISK AREAS MORE VISIBLE TO MORE PEOPLE;
   (2) INSTALLING GOOD EXTERNAL LIGHTING;
   (3) USING DROP SAFES OR OTHER METHODS TO MINIMIZE CASH ON HAND;
   (4) POSTING SIGNS STATING THAT LIMITED CASH IS ON HAND;
   (5) PROVIDING EMPLOYEE TRAINING; AND
   (6)  ESTABLISHING  AND IMPLEMENTING REPORTING SYSTEMS FOR INCIDENTS OF
 WORKPLACE VIOLENCE.
   4. EMPLOYEE INFORMATION AND TRAINING. A. EVERY EMPLOYER SHALL MAKE THE
 WRITTEN WORKPLACE VIOLENCE PREVENTION PROGRAM AVAILABLE,  UPON  REQUEST,
 TO  ITS  EMPLOYEES, THEIR DESIGNATED REPRESENTATIVES AND THE DEPARTMENT.
 NEW HIRES SHALL BE PROVIDED A COPY OF THE WRITTEN PROGRAM UPON HIRE. THE
 WRITTEN PROGRAM SHALL BE AVAILABLE IN ENGLISH,  SPANISH  AND  ANY  OTHER
 LANGUAGE  REQUESTED  BY  EMPLOYEES, WHICH SHALL BE MADE AVAILABLE WITHIN
 THIRTY DAYS OF SUCH REQUEST. ALL TRAININGS SHALL BE CONDUCTED IN ENGLISH
 AS WELL AS THE PRIMARY LANGUAGES SPOKEN IN THE WORKPLACE.
   B. EVERY EMPLOYER SHALL  PROVIDE  ITS  EMPLOYEES  WITH  THE  FOLLOWING
 INFORMATION  AND  TRAINING  ON  THE RISKS OF WORKPLACE VIOLENCE IN THEIR
 WORKPLACE OR WORKPLACES AT THE TIME  OF  THEIR  INITIAL  ASSIGNMENT  AND
 ANNUALLY THEREAFTER:
   (1)  EMPLOYEES  SHALL BE INFORMED OF THE REQUIREMENTS OF THIS SECTION,
 THE RISK FACTORS IN THEIR WORKPLACE OR WORKPLACES, AND THE LOCATION  AND
 AVAILABILITY  OF  THE  WRITTEN  WORKPLACE  VIOLENCE  PREVENTION  PROGRAM
 REQUIRED BY THIS SECTION; AND
   (2) EMPLOYEE  TRAINING  SHALL  INCLUDE  AT  LEAST:  (A)  DE-ESCALATION
 TACTICS;  (B)  ACTIVE SHOOTER DRILLS; (C) MEASURES EMPLOYEES CAN TAKE TO
 PROTECT THEMSELVES FROM SUCH RISKS IDENTIFIED IN THE  WRITTEN  WORKPLACE
 VIOLENCE  PREVENTION PROGRAM, INCLUDING SPECIFIC PROCEDURES THE EMPLOYER
 HAS IMPLEMENTED TO PROTECT EMPLOYEES, SUCH  AS  APPROPRIATE  WORK  PRAC-
 TICES,  EMERGENCY  PROCEDURES, USE OF SECURITY ALARMS, PANIC BUTTONS AND
 OTHER DEVICES, DEALING WITH HARASSMENT AND VIOLENCE FROM  CUSTOMERS  AND
 COWORKERS, AND ANY OTHER RISK FACTORS IDENTIFIED PURSUANT TO SUBDIVISION
 A. 8947                             3
 
 TWO  OF  THIS  SECTION;  AND  (D)  THE  DETAILS OF THE WRITTEN WORKPLACE
 VIOLENCE PREVENTION PROGRAM DEVELOPED BY THE EMPLOYER.
   5. DOCUMENTATION OF WORKPLACE VIOLENCE INCIDENTS. EVERY EMPLOYER SHALL
 DOCUMENT  EACH  INCIDENT OF WORKPLACE VIOLENCE AND SHALL MAINTAIN A COPY
 OF SUCH DOCUMENTATION. EACH INCIDENT  SHALL  ALSO  BE  REPORTED  INTO  A
 PUBLICLY ACCESSIBLE STATE DATABASE.
   6.  ANNUAL REVIEW. EVERY EMPLOYER SHALL REVIEW THE NUMBER AND SCOPE OF
 WORKPLACE INCIDENTS ANNUALLY AND SHALL MAKE CHANGES TO THE RISK  FACTORS
 CONSIDERED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION AND THE WRITTEN
 WORKPLACE VIOLENCE PREVENTION PROGRAM AS NECESSARY AND APPROPRIATE.
   7. PANIC BUTTONS. EVERY EMPLOYER  OF  FIFTY  OR  MORE  RETAIL  WORKERS
 NATIONWIDE  SHALL  INSTALL  PANIC BUTTONS AT EASILY ACCESSIBLE LOCATIONS
 THROUGHOUT THE  WORKPLACE  OR  WORKPLACES.  FOR  THE  PURPOSES  OF  THIS
 SECTION,  "PANIC  BUTTON" SHALL MEAN A PHYSICAL BUTTON THAT WHEN PRESSED
 IMMEDIATELY DISPATCHES LOCAL LAW ENFORCEMENT TO THE WORKPLACE.
   8. SECURITY GUARDS. EMPLOYERS WHO HAVE EXPERIENCED A CERTAIN NUMBER OF
 VIOLENT INCIDENTS IN THE WORKPLACE IN A GIVEN PERIOD OF TIME, AS  DETER-
 MINED  IN  REGULATIONS  ISSUED  BY  THE DEPARTMENT, SHALL BE REQUIRED TO
 EMPLOY A SECURITY GUARD WHO IS PRESENT AT THE WORKPLACE DURING ALL HOURS
 IN WHICH THE WORKPLACE IS OPEN.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8947--A
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by  M.  of  A. REYES, SHRESTHA, LEVENBERG, ZINERMAN, SIMONE,
   ARDILA, OTIS,  FORREST,  GIBBS,  STECK,  HEVESI,  GALLAGHER,  CARROLL,
   GONZALEZ-ROJAS,  MAMDANI,  BURDICK,  BURGOS,  BORES,  JACOBSON,  CRUZ,
   TAYLOR, DARLING, CLARK -- read once and referred to the  Committee  on
   Labor  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the labor law, in relation to  requiring  retail  worker
   employers  to  develop  and  implement  programs  to prevent workplace
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "retail
 worker safety act".
   § 2. Legislative findings. The legislature  finds  and  declares  that
 violence  against  retail workers is a growing problem in New York. From
 verbal harassment that often leads to physical violence, all the way  to
 racially  motivated  mass  shootings  of  retail  workers and customers,
 retail workers are on the front lines of violence in our society.  Given
 that  these  stores  offer  essential  necessities  to  the public, this
 violence is also a threat to public health and safety.  The  legislature
 also finds and declares that many employers have not done enough to take
 responsibility for the health and safety of their employees. Few employ-
 ers  have  conducted risk assessments of their workplace, and even fewer
 have adequately trained their employees in how to respond to  harassment
 and potentially violent situations.
   §  3. The labor law is amended by adding a new section 27-e to read as
 follows:
   § 27-E. DUTY OF RETAIL  WORKER  EMPLOYERS  TO  DEVELOP  AND  IMPLEMENT
 PROGRAMS TO PREVENT WORKPLACE VIOLENCE. 1. DEFINITIONS. FOR THE PURPOSES
 OF THIS SECTION:
   A.  "EMPLOYER"  MEANS ANY PERSON, ENTITY, BUSINESS, CORPORATION, PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT LEAST
 TEN RETAIL EMPLOYEES. THE TERM SHALL NOT INCLUDE THE  STATE,  ANY  POLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13440-03-4
              

 A. 8947--A                          2
 
 TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY.
   B.  "RETAIL  EMPLOYEE" MEANS AN EMPLOYEE WORKING AT A RETAIL STORE FOR
 AN EMPLOYER.
   C. "WORKPLACE" MEANS ANY LOCATION AWAY FROM  AN  EMPLOYEE'S  DOMICILE,
 PERMANENT OR TEMPORARY, WHERE AN EMPLOYEE PERFORMS ANY WORK-RELATED DUTY
 IN THE COURSE OF THEIR EMPLOYMENT BY AN EMPLOYER.
   D.  "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.
   2.  RISK  EVALUATION  AND DETERMINATION. EVERY EMPLOYER SHALL EVALUATE
 ITS WORKPLACE OR WORKPLACES TO DETERMINE  THE  PRESENCE  OF  FACTORS  OR
 SITUATIONS  IN  SUCH  WORKPLACE  OR  WORKPLACES  THAT MIGHT PLACE RETAIL
 EMPLOYEES AT RISK OF WORKPLACE VIOLENCE. EXAMPLES OF SUCH FACTORS  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   A. WORKING LATE NIGHT OR EARLY MORNING HOURS;
   B. EXCHANGING MONEY WITH THE PUBLIC;
   C. WORKING ALONE OR IN SMALL NUMBERS;
   D. UNCONTROLLED ACCESS TO THE WORKPLACE; AND
   E. AREAS OF PREVIOUS SECURITY PROBLEMS.
   3.  WRITTEN  WORKPLACE  VIOLENCE  PREVENTION POLICY. A. EVERY EMPLOYER
 SHALL DEVELOP AND IMPLEMENT  A  WRITTEN  WORKPLACE  VIOLENCE  PREVENTION
 POLICY FOR ITS WORKPLACE OR WORKPLACES THAT INCLUDES THE FOLLOWING:
   (1)  A  LIST OF THE RISK FACTORS, SUCH AS THOSE IDENTIFIED IN SUBDIVI-
 SION TWO OF THIS SECTION, THAT ARE PRESENT IN SUCH  WORKPLACE  OR  WORK-
 PLACES;
   (2)  THE  METHODS  THE EMPLOYER WILL USE TO PREVENT INCIDENTS OF WORK-
 PLACE VIOLENCE AT SUCH WORKPLACE OR WORKPLACES, INCLUDING BUT NOT LIMIT-
 ED TO THE FOLLOWING:
   (I) MAKING HIGH-RISK AREAS MORE VISIBLE TO MORE PEOPLE;
   (II) INSTALLING GOOD EXTERNAL LIGHTING;
   (III) USING DROP SAFES OR OTHER METHODS TO MINIMIZE CASH ON HAND;
   (IV) POSTING SIGNS STATING THAT LIMITED CASH IS ON HAND;
   (V) PROVIDING EMPLOYEE TRAINING; AND
   (VI) ESTABLISHING AND IMPLEMENTING REPORTING SYSTEMS FOR INCIDENTS  OF
 WORKPLACE VIOLENCE.
   B. EVERY EMPLOYER SHALL MAKE THE WRITTEN WORKPLACE VIOLENCE PREVENTION
 POLICY  AVAILABLE  UPON  REQUEST  TO  ITS  RETAIL EMPLOYEES, SUCH RETAIL
 EMPLOYEES'  DESIGNATED  REPRESENTATIVES,  AND  THE  DEPARTMENT.   RETAIL
 EMPLOYEES  SHALL  BE  PROVIDED  A WRITTEN COPY OF THE WORKPLACE VIOLENCE
 PREVENTION POLICY UPON HIRE. THE WRITTEN POLICY SHALL  BE  AVAILABLE  IN
 ENGLISH,  SPANISH  AND ANY OTHER LANGUAGE REQUESTED BY A RETAIL EMPLOYEE
 WITHIN THIRTY DAYS OF SUCH REQUEST.
   4. EMPLOYEE INFORMATION AND TRAINING. THE DEPARTMENT, IN  CONSULTATION
 WITH  RELEVANT  GROUPS  AS DEEMED NECESSARY, SHALL PRODUCE A MODEL WORK-
 PLACE VIOLENCE PREVENTION TRAINING PROGRAM. EVERY EMPLOYER SHALL UTILIZE
 THE MODEL WORKPLACE VIOLENCE PREVENTION  TRAINING  PROGRAM  PURSUANT  TO
 THIS  SUBDIVISION  OR ESTABLISH A WORKPLACE VIOLENCE PREVENTION TRAINING
 PROGRAM THAT EQUALS OR EXCEEDS THE MINIMUM STANDARDS  PROVIDED  BY  SUCH
 MODEL  TRAINING  PROGRAM.  THE DEPARTMENT'S MODEL TRAINING PROGRAM SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) INFORMATION ON THE REQUIREMENTS OF THIS SECTION;
   (B) EXAMPLES OF MEASURES RETAIL EMPLOYEES CAN  USE  TO  PROTECT  THEM-
 SELVES  WHEN  FACED  WITH  WORKPLACE  VIOLENCE  FROM  CUSTOMERS OR OTHER
 COWORKERS;
   (C) DE-ESCALATION TACTICS;
 A. 8947--A                          3
 
   (D) ACTIVE SHOOTER DRILLS;
   (E) EMERGENCY PROCEDURES; AND
   (F)  INSTRUCTION  ON  THE  USE  OF SECURITY ALARMS, PANIC BUTTONS, AND
 OTHER RELATED EMERGENCY DEVICES.
   5. ALL TRAINING SHALL BE CONDUCTED IN ENGLISH AS WELL AS  THE  PRIMARY
 LANGUAGES  SPOKEN  BY  RETAIL EMPLOYEES IN THE WORKPLACE. EVERY EMPLOYER
 SHALL  PROVIDE  ITS  RETAIL  EMPLOYEES  WITH  SUCH  WORKPLACE   VIOLENCE
 PREVENTION  TRAINING AT THE TIME OF HIRING AND ANNUALLY THEREAFTER. WHEN
 PROVIDING SUCH WORKPLACE VIOLENCE  PREVENTION  TRAINING,  EACH  EMPLOYER
 SHALL  ALSO INFORM THEIR RETAIL EMPLOYEES OF THE DETAILS AND LOCATION OF
 THE WRITTEN WORKPLACE VIOLENCE PREVENTION POLICY DEVELOPED  PURSUANT  TO
 THIS  SECTION.  EACH EMPLOYER SHALL INCLUDE THE RISK FACTORS SPECIFIC TO
 SUCH EMPLOYER'S WORKPLACE OR WORKPLACES, MEASURES RETAIL  EMPLOYEES  CAN
 TAKE  TO  PROTECT  THEMSELVES FROM SUCH RISKS IDENTIFIED IN SUCH WRITTEN
 WORKPLACE VIOLENCE PREVENTION POLICY, AND ANY  PROCEDURES  THE  EMPLOYER
 HAS IMPLEMENTED TO PROTECT RETAIL EMPLOYEES.
   6. DOCUMENTATION OF WORKPLACE VIOLENCE INCIDENTS. EVERY EMPLOYER SHALL
 DOCUMENT  EACH  INCIDENT OF WORKPLACE VIOLENCE AND SHALL MAINTAIN A COPY
 OF SUCH DOCUMENTATION FOR A MINIMUM OF THREE YEARS AFTER EACH  INCIDENT.
 EVERY  EMPLOYER  SHALL  PROVIDE  DOCUMENTATION  OF SUCH INCIDENTS TO THE
 DEPARTMENT UPON REQUEST AND  SHALL  REMOVE  ANY  PERSONALLY  IDENTIFYING
 INFORMATION  FROM SUCH DOCUMENTATION BEFORE DELIVERING IT TO THE DEPART-
 MENT.
   7. ANNUAL REVIEW. EVERY EMPLOYER SHALL REVIEW THE NUMBER AND SCOPE  OF
 WORKPLACE  VIOLENCE  INCIDENTS  ANNUALLY  AND  SHALL  MAKE ANY NECESSARY
 CHANGES  TO  THE  WRITTEN  WORKPLACE  VIOLENCE  PREVENTION   POLICY   AS
 PRESCRIBED BY SUBDIVISION THREE OF THIS SECTION.
   8.  PANIC  BUTTONS.  EVERY  EMPLOYER OF FIFTY OR MORE RETAIL EMPLOYEES
 EMPLOYEES SHALL INSTALL PANIC BUTTONS  AT  EASILY  ACCESSIBLE  LOCATIONS
 THROUGHOUT  THE  WORKPLACE  OR  WORKPLACES.  FOR  THE  PURPOSES  OF THIS
 SECTION, "PANIC BUTTON" SHALL MEAN A PHYSICAL BUTTON THAT  WHEN  PRESSED
 IMMEDIATELY DISPATCHES LOCAL LAW ENFORCEMENT TO THE WORKPLACE.
   9. SECURITY GUARDS. EMPLOYERS WHO HAVE EXPERIENCED A CERTAIN NUMBER OF
 VIOLENT  INCIDENTS IN THEIR WORKPLACE OR WORKPLACES IN A GIVEN PERIOD OF
 TIME, AS DETERMINED BY THE DEPARTMENT, SHALL BE REQUIRED TO HAVE A SECU-
 RITY GUARD PRESENT AT THE WORKPLACE DURING ALL HOURS IN WHICH THE  WORK-
 PLACE IS OPEN.
   10.  WITHIN    ONE  HUNDRED  EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION, THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THE  PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8947--B
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by  M.  of  A. REYES, SHRESTHA, LEVENBERG, ZINERMAN, SIMONE,
   ARDILA, OTIS,  FORREST,  GIBBS,  STECK,  HEVESI,  GALLAGHER,  CARROLL,
   GONZALEZ-ROJAS,  MAMDANI,  BURDICK,  BURGOS,  BORES,  JACOBSON,  CRUZ,
   TAYLOR, DARLING, CLARK, KIM,  COLTON,  CUNNINGHAM  --  read  once  and
   referred  to  the  Committee  on  Labor  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to  requiring  retail  worker
   employers  to  develop  and  implement  programs  to prevent workplace
   violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "retail
 worker safety act".
   § 2. Legislative findings. The legislature  finds  and  declares  that
 violence  against  retail workers is a growing problem in New York. From
 verbal harassment that often leads to physical violence, all the way  to
 racially  motivated  mass  shootings  of  retail  workers and customers,
 retail workers are on the front lines of violence in our society.  Given
 that  these  stores  offer  essential  necessities  to  the public, this
 violence is also a threat to public health and safety.  The  legislature
 also finds and declares that many employers have not done enough to take
 responsibility for the health and safety of their employees. Few employ-
 ers  have  conducted risk assessments of their workplace, and even fewer
 have adequately trained their employees in how to respond to  harassment
 and potentially violent situations.
   §  3. The labor law is amended by adding a new section 27-e to read as
 follows:
   § 27-E. DUTY OF RETAIL  WORKER  EMPLOYERS  TO  DEVELOP  AND  IMPLEMENT
 PROGRAMS TO PREVENT WORKPLACE VIOLENCE. 1. DEFINITIONS. FOR THE PURPOSES
 OF THIS SECTION:
   A.  "EMPLOYER"  MEANS ANY PERSON, ENTITY, BUSINESS, CORPORATION, PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR AN ASSOCIATION EMPLOYING AT LEAST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13440-05-4
 A. 8947--B                          2
 
 TEN RETAIL EMPLOYEES. THE TERM SHALL NOT INCLUDE THE  STATE,  ANY  POLI-
 TICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY.
   B.  "RETAIL  EMPLOYEE" MEANS AN EMPLOYEE WORKING AT A RETAIL STORE FOR
 AN EMPLOYER.
   C. "WORKPLACE" MEANS ANY LOCATION AWAY FROM  AN  EMPLOYEE'S  DOMICILE,
 PERMANENT OR TEMPORARY, WHERE AN EMPLOYEE PERFORMS ANY WORK-RELATED DUTY
 IN THE COURSE OF THEIR EMPLOYMENT BY AN EMPLOYER.
   D.  "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.
   2.  RISK  EVALUATION  AND DETERMINATION. EVERY EMPLOYER SHALL EVALUATE
 ITS WORKPLACE OR WORKPLACES TO DETERMINE  THE  PRESENCE  OF  FACTORS  OR
 SITUATIONS  IN  SUCH  WORKPLACE  OR  WORKPLACES  THAT MIGHT PLACE RETAIL
 EMPLOYEES AT RISK OF WORKPLACE VIOLENCE. EXAMPLES OF SUCH FACTORS  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   A. WORKING LATE NIGHT OR EARLY MORNING HOURS;
   B. EXCHANGING MONEY WITH THE PUBLIC;
   C. WORKING ALONE OR IN SMALL NUMBERS;
   D. UNCONTROLLED ACCESS TO THE WORKPLACE; AND
   E. AREAS OF PREVIOUS SECURITY PROBLEMS.
   3.  WRITTEN  WORKPLACE  VIOLENCE  PREVENTION POLICY. A. EVERY EMPLOYER
 SHALL DEVELOP AND IMPLEMENT  A  WRITTEN  WORKPLACE  VIOLENCE  PREVENTION
 POLICY FOR ITS WORKPLACE OR WORKPLACES THAT INCLUDES THE FOLLOWING:
   (1)  A  LIST OF THE RISK FACTORS, SUCH AS THOSE IDENTIFIED IN SUBDIVI-
 SION TWO OF THIS SECTION, THAT ARE PRESENT IN SUCH  WORKPLACE  OR  WORK-
 PLACES;
   (2)  THE  METHODS  THE EMPLOYER WILL USE TO PREVENT INCIDENTS OF WORK-
 PLACE VIOLENCE AT SUCH WORKPLACE OR WORKPLACES, INCLUDING BUT NOT LIMIT-
 ED TO THE FOLLOWING:
   (I) MAKING HIGH-RISK AREAS MORE VISIBLE TO MORE PEOPLE;
   (II) INSTALLING GOOD EXTERNAL LIGHTING;
   (III) USING DROP SAFES OR OTHER METHODS TO MINIMIZE CASH ON HAND;
   (IV) POSTING SIGNS STATING THAT LIMITED CASH IS ON HAND;
   (V) PROVIDING EMPLOYEE TRAINING; AND
   (VI) ESTABLISHING AND IMPLEMENTING REPORTING SYSTEMS FOR INCIDENTS  OF
 WORKPLACE VIOLENCE.
   B. EVERY EMPLOYER SHALL MAKE THE WRITTEN WORKPLACE VIOLENCE PREVENTION
 POLICY  AVAILABLE  UPON  REQUEST  TO  ITS  RETAIL EMPLOYEES, SUCH RETAIL
 EMPLOYEES'  DESIGNATED  REPRESENTATIVES,  AND  THE  DEPARTMENT.   RETAIL
 EMPLOYEES  SHALL  BE  PROVIDED  A WRITTEN COPY OF THE WORKPLACE VIOLENCE
 PREVENTION POLICY UPON HIRE. THE WRITTEN POLICY SHALL  BE  AVAILABLE  IN
 ENGLISH,  SPANISH  AND ANY OTHER LANGUAGE REQUESTED BY A RETAIL EMPLOYEE
 WITHIN THIRTY DAYS OF SUCH REQUEST.
   4. EMPLOYEE INFORMATION AND TRAINING. THE DEPARTMENT, IN  CONSULTATION
 WITH  RELEVANT  GROUPS  AS DEEMED NECESSARY, SHALL PRODUCE A MODEL WORK-
 PLACE VIOLENCE PREVENTION TRAINING PROGRAM. EVERY EMPLOYER SHALL UTILIZE
 THE MODEL WORKPLACE VIOLENCE PREVENTION  TRAINING  PROGRAM  PURSUANT  TO
 THIS  SUBDIVISION  OR ESTABLISH A WORKPLACE VIOLENCE PREVENTION TRAINING
 PROGRAM THAT EQUALS OR EXCEEDS THE MINIMUM STANDARDS  PROVIDED  BY  SUCH
 MODEL  TRAINING  PROGRAM.  THE DEPARTMENT'S MODEL TRAINING PROGRAM SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) INFORMATION ON THE REQUIREMENTS OF THIS SECTION;
   (B) EXAMPLES OF MEASURES RETAIL EMPLOYEES CAN  USE  TO  PROTECT  THEM-
 SELVES  WHEN  FACED  WITH  WORKPLACE  VIOLENCE  FROM  CUSTOMERS OR OTHER
 COWORKERS;
 A. 8947--B                          3
 
   (C) DE-ESCALATION TACTICS;
   (D) ACTIVE SHOOTER DRILLS;
   (E) EMERGENCY PROCEDURES; AND
   (F)  INSTRUCTION  ON  THE  USE  OF SECURITY ALARMS, PANIC BUTTONS, AND
 OTHER RELATED EMERGENCY DEVICES.
   5. ALL TRAINING SHALL BE CONDUCTED IN ENGLISH AS WELL AS  THE  PRIMARY
 LANGUAGES  SPOKEN  BY  RETAIL EMPLOYEES IN THE WORKPLACE. EVERY EMPLOYER
 SHALL  PROVIDE  ITS  RETAIL  EMPLOYEES  WITH  SUCH  WORKPLACE   VIOLENCE
 PREVENTION  TRAINING AT THE TIME OF HIRING AND ANNUALLY THEREAFTER. WHEN
 PROVIDING SUCH WORKPLACE VIOLENCE  PREVENTION  TRAINING,  EACH  EMPLOYER
 SHALL  ALSO INFORM THEIR RETAIL EMPLOYEES OF THE DETAILS AND LOCATION OF
 THE WRITTEN WORKPLACE VIOLENCE PREVENTION POLICY DEVELOPED  PURSUANT  TO
 THIS  SECTION.  EACH EMPLOYER SHALL INCLUDE THE RISK FACTORS SPECIFIC TO
 SUCH EMPLOYER'S WORKPLACE OR WORKPLACES, MEASURES RETAIL  EMPLOYEES  CAN
 TAKE  TO  PROTECT  THEMSELVES FROM SUCH RISKS IDENTIFIED IN SUCH WRITTEN
 WORKPLACE VIOLENCE PREVENTION POLICY, AND ANY  PROCEDURES  THE  EMPLOYER
 HAS IMPLEMENTED TO PROTECT RETAIL EMPLOYEES.
   6. DOCUMENTATION OF WORKPLACE VIOLENCE INCIDENTS. EVERY EMPLOYER SHALL
 DOCUMENT  EACH  INCIDENT OF WORKPLACE VIOLENCE AND SHALL MAINTAIN A COPY
 OF SUCH DOCUMENTATION FOR A MINIMUM OF THREE YEARS AFTER EACH  INCIDENT.
 EVERY  EMPLOYER  SHALL  PROVIDE  DOCUMENTATION  OF SUCH INCIDENTS TO THE
 DEPARTMENT UPON REQUEST AND  SHALL  REMOVE  ANY  PERSONALLY  IDENTIFYING
 INFORMATION  FROM SUCH DOCUMENTATION BEFORE DELIVERING IT TO THE DEPART-
 MENT.
   7. ANNUAL REVIEW. EVERY EMPLOYER SHALL REVIEW THE NUMBER AND SCOPE  OF
 WORKPLACE  VIOLENCE  INCIDENTS  ANNUALLY  AND  SHALL  MAKE ANY NECESSARY
 CHANGES  TO  THE  WRITTEN  WORKPLACE  VIOLENCE  PREVENTION   POLICY   AS
 PRESCRIBED BY SUBDIVISION THREE OF THIS SECTION.
   8.  PANIC  BUTTONS.  EVERY  EMPLOYER OF FIFTY OR MORE RETAIL EMPLOYEES
 SHALL INSTALL PANIC BUTTONS AT EASILY  ACCESSIBLE  LOCATIONS  THROUGHOUT
 THE  WORKPLACE  OR  WORKPLACES. FOR THE PURPOSES OF THIS SECTION, "PANIC
 BUTTON" SHALL MEAN A  PHYSICAL  BUTTON  THAT  WHEN  PRESSED  IMMEDIATELY
 DISPATCHES LOCAL LAW ENFORCEMENT TO THE WORKPLACE.
   9. SECURITY GUARDS. EMPLOYERS WHO HAVE EXPERIENCED A CERTAIN NUMBER OF
 VIOLENT  INCIDENTS IN THEIR WORKPLACE OR WORKPLACES IN A GIVEN PERIOD OF
 TIME, AS DETERMINED BY THE DEPARTMENT, SHALL BE REQUIRED TO HAVE A SECU-
 RITY GUARD PRESENT AT THE WORKPLACE DURING ALL HOURS IN WHICH THE  WORK-
 PLACE IS OPEN.
   10.  WITHIN    ONE  HUNDRED  EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
 SECTION, THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THE  PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. 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.