S T A T E O F N E W Y O R K
________________________________________________________________________
8947--C
Cal. No. 468
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, SIMON, TAPIA,
PHEFFER AMATO, EPSTEIN, RAGA, LAVINE, SHIMSKY, JEAN-PIERRE, KELLES,
L. ROSENTHAL, WEPRIN, SOLAGES -- read once and referred to the Commit-
tee on Labor -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- reported and referred to the Committee on Ways and Means
-- reported from committee, advanced to a third reading, amended and
ordered reprinted, retaining its place on the order of third reading
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. The labor law is amended by adding a new section 27-e to read as
follows:
§ 27-E. PREVENTION OF RETAIL 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-
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13440-11-4
A. 8947--C 2
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.
E. "PANIC BUTTON" MEANS A PHYSICAL BUTTON THAT WHEN PRESSED IMMEDIATE-
LY 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.
2. WRITTEN WORKPLACE VIOLENCE PREVENTION POLICY. THE DEPARTMENT SHALL
CREATE AND PUBLISH A MODEL RETAIL WORKPLACE VIOLENCE PREVENTION GUIDANCE
DOCUMENT AND RETAIL WORKPLACE VIOLENCE PREVENTION POLICY THAT EMPLOYERS
MAY UTILIZE IN THEIR ADOPTION OF A RETAIL WORKPLACE VIOLENCE PREVENTION
POLICY REQUIRED BY THIS SECTION. SUCH MODEL RETAIL WORKPLACE VIOLENCE
PREVENTION POLICY SHALL BE PUBLICLY AVAILABLE AND POSTED ON THE WEBSITE
OF THE DEPARTMENT.
A. SUCH MODEL RETAIL WORKPLACE VIOLENCE PREVENTION POLICY SHALL:
(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 IMPLE-
MENTING 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.
B. EVERY EMPLOYER SHALL ADOPT THE MODEL RETAIL WORKPLACE VIOLENCE
PREVENTION POLICY PROMULGATED PURSUANT TO THIS SUBDIVISION, OR ESTABLISH
A WORKPLACE VIOLENCE PREVENTION POLICY THAT EQUALS OR EXCEEDS THE MINI-
MUM STANDARDS PROVIDED BY SUCH MODEL RETAIL WORKPLACE VIOLENCE
PREVENTION POLICY. SUCH RETAIL WORKPLACE VIOLENCE PREVENTION POLICY
SHALL BE PROVIDED TO ALL EMPLOYEES IN WRITING UPON HIRE AND ANNUALLY
THEREAFTER PURSUANT TO PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION.
3. EMPLOYEE INFORMATION AND TRAINING. A. THE DEPARTMENT, IN CONSULTA-
TION WITH RELEVANT GROUPS AS DEEMED NECESSARY, SHALL PRODUCE A MODEL
WORKPLACE VIOLENCE PREVENTION TRAINING PROGRAM. EVERY EMPLOYER SHALL
UTILIZE THE MODEL WORKPLACE VIOLENCE PREVENTION TRAINING PROGRAM PURSU-
ANT 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 BE INTERACTIVE AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) INFORMATION ON THE REQUIREMENTS OF THIS SECTION;
(II) EXAMPLES OF MEASURES RETAIL EMPLOYEES CAN USE TO PROTECT THEM-
SELVES WHEN FACED WITH WORKPLACE VIOLENCE FROM CUSTOMERS OR OTHER
COWORKERS;
(III) DE-ESCALATION TACTICS;
A. 8947--C 3
(IV) ACTIVE SHOOTER DRILLS;
(V) EMERGENCY PROCEDURES; AND
(VI) INSTRUCTION ON THE USE OF SECURITY ALARMS, PANIC BUTTONS, AND
OTHER RELATED EMERGENCY DEVICES.
B. THE DEPARTMENT SHALL INCLUDE INFORMATION IN SUCH MODEL WORKPLACE
VIOLENCE PREVENTION TRAINING PROGRAM ADDRESSING CONDUCT BY SUPERVISORS
AND ANY ADDITIONAL RESPONSIBILITIES FOR SUCH SUPERVISORS, INCLUDING
WAYS TO ADDRESS WORKPLACE SPECIFIC EMERGENCY PROCEDURES, AND TRAINING ON
AREAS OF PREVIOUS SECURITY PROBLEMS.
C. AS PART OF THIS TRAINING, EVERY EMPLOYER SHALL COMMUNICATE TO EACH
EMPLOYEE A SITE-SPECIFIC LIST OF EMERGENCY EXITS AND MEETING PLACES IN
CASE OF EMERGENCY. SUCH WORKPLACE VIOLENCE PREVENTION TRAINING SHALL BE
PROVIDED TO ALL RETAIL EMPLOYEES UPON HIRE AND ON AN ANNUAL BASIS THER-
EAFTER.
4. NOTICE OF POLICY. A. EVERY EMPLOYER SHALL PROVIDE THEIR RETAIL
EMPLOYEES, IN WRITING IN ENGLISH AND IN THE LANGUAGE IDENTIFIED BY EACH
EMPLOYEE AS THE PRIMARY LANGUAGE OF SUCH EMPLOYEE, AT THE TIME OF HIRING
AND AT EVERY ANNUAL WORKPLACE VIOLENCE PREVENTION TRAINING PROVIDED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, A NOTICE CONTAINING SUCH
EMPLOYER'S RETAIL WORKPLACE VIOLENCE PREVENTION POLICY AND THE INFORMA-
TION PRESENTED AT SUCH EMPLOYER'S WORKPLACE VIOLENCE PREVENTION TRAINING
PROGRAM.
B. THE COMMISSIONER SHALL PREPARE TEMPLATES OF THE MODEL RETAIL WORK-
PLACE VIOLENCE PREVENTION POLICY CREATED AND PUBLISHED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION AND THE MODEL WORKPLACE VIOLENCE
PREVENTION TRAINING PROGRAM PRODUCED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION. THE COMMISSIONER SHALL DETERMINE, IN THEIR DISCRETION,
WHICH LANGUAGES TO PROVIDE IN ADDITION TO ENGLISH, BASED ON THE SIZE OF
THE NEW YORK STATE POPULATION THAT SPEAKS EACH LANGUAGE AND ANY OTHER
FACTOR THAT THE COMMISSIONER SHALL DEEM RELEVANT. ALL SUCH TEMPLATES
SHALL BE MADE AVAILABLE TO EMPLOYERS IN SUCH MANNER AS DETERMINED BY THE
COMMISSIONER.
C. WHEN AN EMPLOYEE IDENTIFIES AS THEIR PRIMARY LANGUAGE A LANGUAGE
FOR WHICH A TEMPLATE IS NOT AVAILABLE FROM THE COMMISSIONER, THE EMPLOY-
ER SHALL COMPLY WITH THIS SUBDIVISION BY PROVIDING THAT EMPLOYEE AN
ENGLISH-LANGUAGE NOTICE.
D. AN EMPLOYER SHALL NOT BE PENALIZED FOR ERRORS OR OMISSIONS IN THE
NON-ENGLISH PORTIONS OF ANY NOTICE PROVIDED BY THE COMMISSIONER.
5. PANIC BUTTONS. A. EVERY EMPLOYER OF FIVE HUNDRED OR MORE RETAIL
EMPLOYEES NATIONWIDE SHALL PROVIDE ACCESS TO PANIC BUTTONS THROUGHOUT
THE WORKPLACE OR WORKPLACES; PROVIDED, HOWEVER, IF AN EMPLOYER CHOOSES
TO UTILIZE WEARABLE OR MOBILE PHONE-BASED PANIC BUTTONS, SUCH EMPLOYER
SHALL BE REQUIRED TO PROVIDE SUCH PANIC BUTTONS TO EACH OF SUCH EMPLOY-
ER'S RETAIL EMPLOYEES.
B. MOBILE PHONE-BASED PANIC BUTTONS MAY ONLY BE INSTALLED ON EMPLOY-
ER-PROVIDED EQUIPMENT, AND WEARABLE AND MOBILE PHONE-BASED PANIC BUTTONS
SHALL NOT BE USED TO TRACK EMPLOYEE LOCATIONS EXCEPT WHEN THE PANIC
BUTTON IS TRIGGERED.
6. RULES AND REGULATIONS. THE COMMISSIONER SHALL ADOPT RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
7. EVALUATION OF POLICY. BEGINNING IN THE YEAR TWO THOUSAND TWENTY-
SEVEN AND EVERY SUCCEEDING FOUR YEARS THEREAFTER, THE DEPARTMENT SHALL
EVALUATE, USING THE CRITERIA WITHIN THIS SECTION, THE IMPACT OF THE
CURRENT MODEL RETAIL WORKPLACE VIOLENCE PREVENTION GUIDANCE DOCUMENT AND
RETAIL WORKPLACE VIOLENCE PREVENTION POLICY. UPON THE COMPLETION OF EACH
EVALUATION THE DEPARTMENT SHALL UPDATE THE MODEL RETAIL WORKPLACE
A. 8947--C 4
VIOLENCE PREVENTION GUIDANCE DOCUMENT AND RETAIL WORKPLACE VIOLENCE
PREVENTION POLICY AS NEEDED.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that subdivision 5 of section 27-e
of the labor law, as added by section two this act, shall 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.