S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8358--A
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BRISPORT, CHU, CLEARE, COONEY, FERNANDEZ,
   GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK-
   SON, KENNEDY, MAYER, SALAZAR, SERRANO, SKOUFIS, STAVISKY, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  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.
                                                            LBD13440-04-4
              

 S. 8358--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;
 S. 8358--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
 ________________________________________________________________________
 
                                  8358--B
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BRISPORT, CHU, CLEARE, COONEY, FERNANDEZ,
   GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK-
   SON, MAYER, RIVERA, SALAZAR, SERRANO, SKOUFIS, STAVISKY, WEBB --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee 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
 
 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.
   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 INSTALLED IN EASILY ACCESSI-
 BLE  LOCATIONS THROUGHOUT THE WORKPLACE, OR A WEARABLE, OR MOBILE PHONE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13440-07-4
 S. 8358--B                          2
 
 BASED 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 WORK-
 PLACE.
   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.
   A. SUCH MODEL RETAIL WORKPLACE VIOLENCE PREVENTION POLICY SHALL:
   (I) OUTLINE A LIST OF FACTORS OR SITUATIONS IN SUCH WORKPLACE OR WORK-
 PLACES  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  AT  SUCH WORKPLACE OR WORKPLACES, 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  SUCH
 WORKPLACE  OR  WORKPLACES  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 MODEL RETAIL WORKPLACE VIOLENCE PREVENTION POLI-
 CY  SHALL BE PROVIDED TO ALL EMPLOYEES IN WRITING UPON HIRE AND ANNUALLY
 THEREAFTER. SUCH MODEL RETAIL WORKPLACE VIOLENCE PREVENTION POLICY SHALL
 BE PUBLICLY AVAILABLE AND POSTED ON THE WEBSITE OF THE DEPARTMENT.
   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;
   (IV) ACTIVE SHOOTER DRILLS;
   (V) EMERGENCY PROCEDURES; AND
   (VI) INSTRUCTION ON THE USE OF SECURITY  ALARMS,  PANIC  BUTTONS,  AND
 OTHER RELATED EMERGENCY DEVICES.
 S. 8358--B                          3
 
   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.   EVERY   EMPLOYER  SHALL  UTILIZE  THE  MODEL  WORKPLACE  VIOLENCE
 PREVENTION TRAINING PROGRAM PURSUANT TO THIS SUBDIVISION OR ESTABLISH  A
 TRAINING PROGRAM FOR RETAIL EMPLOYEES TO PREVENT WORKPLACE VIOLENCE THAT
 EQUALS OR EXCEEDS THE MINIMUM STANDARDS PROVIDED BY SUCH MODEL TRAINING.
 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.
   B. WEARABLE OR MOBILE PHONE-BASED PANIC BUTTONS MAY ONLY BE  INSTALLED
 ON  EMPLOYER-PROVIDED  EQUIPMENT AND 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
 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
 S. 8358--B                          4
 
 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8358--C
     Cal. No. 1055
 
                             I N  S E N A T E
 
                             January 22, 2024
                                ___________
 
 Introduced  by  Sens.  RAMOS,  BRISPORT, CHU, CLEARE, COONEY, FERNANDEZ,
   GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK-
   SON, LIU, MAYER, RIVERA, SALAZAR, SERRANO, SKOUFIS, STAVISKY, WEBB  --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee 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 favorably from said  committee,  ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in 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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13440-12-4
 S. 8358--C                          2
 
   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;
   (IV) ACTIVE SHOOTER DRILLS;
   (V) EMERGENCY PROCEDURES; AND
 S. 8358--C                          3
 
   (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
 VIOLENCE PREVENTION GUIDANCE  DOCUMENT  AND  RETAIL  WORKPLACE  VIOLENCE
 PREVENTION POLICY AS NEEDED.
 S. 8358--C                          4
 
   § 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.