S T A T E O F N E W Y O R K
________________________________________________________________________
7658
2025-2026 Regular Sessions
I N S E N A T E
April 25, 2025
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to requiring employers to
develop and implement effective 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. Section 27-b of the labor law, as added by chapter 82 of
the laws of 2006, and paragraph a of subdivision 2 as amended by chapter
351 of the laws of 2023, is amended to read as follows:
§ 27-b. Duty of public employers to develop and implement programs to
prevent workplace violence. 1. Purpose. The purpose of this section is
to ensure that the risk of workplace assaults and homicides is evaluated
by affected public employers and their employees and that such employers
design and implement workplace violence protection programs to prevent
and minimize the hazard of workplace violence to public employees.
2. Definitions. For the purposes of this section:
a. "Employer" means: (1) the state; (2) a political subdivision of the
state; (3) a public authority, a public benefit corporation, or any
other governmental agency or instrumentality thereof; and (4) an author-
ized agency as defined in paragraph (a) of subdivision ten of section
three hundred seventy-one of the social services law that accepts chil-
dren adjudicated delinquent under article three of the family court act.
b. "Employee" means a public employee working 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 [his or her] SUCH EMPLOYEE'S employment by an employer.
d. "Supervisor" means any person within an employer's organization who
has the authority to direct and control the work performance of an
employee, or who has the authority to take corrective action regarding
the violation of a law, rule or regulation to which an employee submits
written notice.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11730-01-5
S. 7658 2
e. "Retaliatory action" means the discharge, suspension, demotion,
penalization, or discrimination against any employee, or other adverse
employment action taken against an employee in the terms and conditions
of employment.
3. 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 occupational assaults and homicides. Examples of such factors
shall include, but not limited to:
a. working in public settings (e.g., social services or other govern-
mental workers, police officers, firefighters, teachers, public trans-
portation drivers, health care workers, and service workers);
b. working late night or early morning hours;
c. exchanging money with the public;
d. working alone or in small numbers;
e. uncontrolled access to the workplace; [and]
f. areas of previous security problems;
G. GUARDING OR MAINTAINING PROPERTY OR POSSESSIONS (E.G., MAINTENANCE
OPERATIONS, SECURITY PERSONNEL);
H. ABUSIVE CONDUCT OR BULLYING IN THE WORKPLACE;
I. WORKING WITH DANGEROUS INDIVIDUALS;
J. WORKING IN PRIVATE HOMES; AND
K. WORKING IN HIGH CRIME AREAS.
4. Written workplace violence prevention program. Every employer with
at least twenty full time permanent employees shall develop and imple-
ment 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 three of this
section that are present in such workplace or workplaces;
b. the methods the employer will use to prevent incidents of occupa-
tional assaults and homicides 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 training in conflict resolution and nonviolent self-de-
fense responses; [and]
(6) establishing and implementing reporting systems for incidents of
aggressive behavior, BULLYING, ABUSIVE CONDUCT, OCCUPATIONAL SAFETY, AND
HEALTH MATTERS;
(7) INCREASING THE NUMBER OF STAFF ON DUTY;
(8) PROVIDING BODY SCANNERS;
(9) PROVIDING BULLET-PROOF BARRIERS OR ENCLOSURES AND METAL DETECTORS;
AND
(10) PROVIDING PERSONAL ALARM AND GENERAL ALARM SYSTEMS WITH LOCATION
TRACKING ABILITIES.
5. Employee information and training. a. Every employer with at least
twenty permanent full time employees shall make the written workplace
violence prevention program available, upon request, to its employees,
their designated representatives and the department.
b. Every employer shall provide its employees with the following
information and training on PREVENTING AND REPORTING WORKPLACE BULLYING
AND ABUSIVE CONDUCT AND the risks of occupational assaults and homicides
in their workplace or workplaces at the time of their initial assignment
and annually thereafter:
S. 7658 3
(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) the measures employ-
ees can take to protect themselves from such risks, including specific
procedures the employer has implemented to protect employees, such as
appropriate work practices, emergency procedures, use of security alarms
and other devices, [and] (b) the details of the written workplace
violence prevention program developed by the employer, (C) HOW EMPLOY-
EES' CONCERNS WILL BE INVESTIGATED AND REPORTED BACK TO THE EMPLOYEE AS
PART OF THE EMPLOYERS' RESPONSIBILITY, (D) HOW EMPLOYEES CAN OBTAIN HELP
FROM STAFF ASSIGNED TO RESPOND TO WORKPLACE EMERGENCIES, (E) PROVISIONS
DESIGNED TO ENCOURAGE EMPLOYEES TO INFORM THE EMPLOYER OF HAZARDS AT THE
WORKSITE WITHOUT FEAR OF RETALIATION, AND (F) HOW TO IDENTIFY AND REPORT
INCIDENTS OF WORKPLACE BULLYING AND ABUSIVE CONDUCT; AND
(3) EMPLOYERS SHALL TRAIN ALL EMPLOYEES WHEN THE TRAINING PROGRAM IS
FIRST ESTABLISHED, ALL NEW EMPLOYEES, AND TRAIN EMPLOYEES WHENEVER NEW
SUBSTANCES, PROCESSES, PROCEDURES, OR EQUIPMENT ARE INTRODUCED TO THE
WORKPLACE AND REPRESENT A NEW HAZARD, AND WHENEVER THE EMPLOYER RECEIVES
A NOTIFICATION OF A NEW OR PREVIOUSLY UNRECOGNIZED HAZARD.
6. [Application.] INCIDENT LOG. THE EMPLOYER SHALL RECORD INFORMATION
IN A VIOLENT INCIDENT LOG FOR EVERY WORKPLACE VIOLENCE INCIDENT. SUCH
INCIDENT LOG SHALL INCLUDE BUT NOT BE LIMITED TO:
A. THE DATE, TIME, AND LOCATION OF THE INCIDENT;
B. A DETAILED DESCRIPTION OF THE INCIDENT;
C. A CLASSIFICATION OF WHO COMMITTED THE VIOLENCE;
D. CONSEQUENCES OF THE INCIDENT; AND
E. INFORMATION OF THE PERSON COMPLETING THE LOG, INCLUDING SUCH
PERSON'S NAME, TITLE, AND THE DATE COMPLETED.
7. RECORD KEEPING. RECORDS OF EACH INCIDENT LOG SHALL BE MAINTAINED
FOR A MINIMUM OF FIVE YEARS FOLLOWING THE END OF THE CALENDAR YEAR.
8. EMPLOYEE RIGHTS FOR RECORDS. ALL RECORDS REQUIRED SHALL BE MADE
AVAILABLE TO EMPLOYEES AND THEIR REPRESENTATIVES, AS WELL AS UPON
REQUEST AND WITHOUT COST, FOR EXAMINATION AND COPYING WITHIN SEVEN
CALENDAR DAYS OF A REQUEST.
9. EMPLOYER RECORD KEEPING REQUIREMENTS. NOTHING CONTAINED HEREIN
RELIEVES AN EMPLOYER OF THE RECORDKEEPING REQUIREMENTS PURSUANT TO
SECTION 801 OF TITLE TWELVE OF THE NEW YORK CODES, RULES AND REGU-
LATIONS, AS AMENDED FROM TIME TO TIME.
10. INSPECTIONS. a. Any employee or representative of employees who
believes that a serious violation of a workplace violence protection
program exists [or], that an imminent danger exists, OR A VIOLATION OF A
SAFETY OR HEALTH STANDARD EXISTS shall bring such matter to the atten-
tion of a supervisor in the form of a written notice and shall afford
the employer a reasonable opportunity to correct such activity, policy
or practice. THE EMPLOYER SHALL REPLY TO AN EMPLOYEE'S REPORT OF WORK-
PLACE VIOLENCE WITHIN THREE WEEKS OF THE REPORT. This referral shall not
apply where imminent danger or threat exists to the safety of a specific
employee or to the general health of a specific patient and the employee
reasonably believes in good faith that reporting to a supervisor would
not result in corrective action.
b. If following a referral of such matter to the employee's supervi-
sor's attention and after a reasonable opportunity to correct such
activity, policy or practice the matter has not been resolved and the
employee or representative of employees still believes that a violation
S. 7658 4
of a workplace violence prevention program remains, or that an imminent
danger exists, such employee or representative of employees may request
an inspection by giving notice to the commissioner of such violation or
danger. Such notice and request shall be in writing, shall set forth
with reasonable particularity the grounds for the notice, shall be
signed by such employee or representative of employees, and a copy shall
be provided by the commissioner to the employer or the person in charge
no later than the time of inspection, except that on the request of the
person giving such notice, such person's name and the names of individ-
ual employees or representatives of employees shall be withheld. Such
inspection shall be made forthwith.
c. A representative of the employer and an authorized employee repre-
sentative shall be given the opportunity to accompany the commissioner
during an inspection for the purpose of aiding such inspection. Where
there is no authorized employee representative, the commissioner shall
consult with a reasonable number of employees concerning matters of
safety AND HEALTH in the workplace.
d. The authority of the commissioner to inspect a premises pursuant to
such an employee complaint shall not be limited to the alleged violation
contained in such complaint. The commissioner may inspect any other area
of the premises [in which he or she] IF SUCH COMMISSIONER has reason to
believe that a serious violation of this section exists. NO EMPLOYEE
WHO ACCOMPANIES THE COMMISSIONER ON AN INSPECTION SHALL SUFFER ANY
REDUCTION IN WAGES.
e. No employer shall take retaliatory action against any employee
because the employee does any of the following:
(1) makes an application pursuant to paragraph a of this subdivision;
(2) requests an inspection as authorized in paragraph b of this subdi-
vision;
(3) accompanies the commissioner as authorized in paragraph c of this
subdivision;
(4) PARTICIPATES IN ANY REQUIRED PROGRAM AREA;
f. The commissioner may, upon [his or her] SUCH COMMISSIONER'S own
initiative, conduct an inspection of any premises occupied by an employ-
er if [he or she] SUCH COMMISSIONER has reason to believe that a
violation of this section has occurred or if [he or she] SUCH COMMIS-
SIONER has a general administrative plan for the enforcement of this
section, including a general schedule of inspections, which provide a
rational administrative basis for such inspecting. Within [one hundred
twenty] NINETY DAYS days of the effective date of this paragraph the
commissioner shall adopt rules and regulations implementing the
provisions of this section.
g. Any information obtained by the commissioner pursuant to this
subdivision shall be obtained with a minimum burden upon the employers.
h. When a request for an inspection has been made in a situation where
there is an allegation of an imminent danger such that an employee would
be subjecting [himself or herself] SUCH EMPLOYEE to serious injury or
death because of the hazardous condition in the workplace, the
inspection shall be given the highest priority by the department and
shall be carried out immediately.
11. ENFORCEMENT PROCEDURES. A. IF THE COMMISSIONER DETERMINES THAT AN
EMPLOYER HAS VIOLATED A PROVISION OF THIS SECTION, OR A SAFETY OR HEALTH
STANDARD OR REGULATION PROMULGATED PURSUANT TO THIS SECTION, SUCH
COMMISSIONER SHALL WITH REASONABLE PROMPTNESS ISSUE TO THE EMPLOYER AN
ORDER TO COMPLY WHICH SHALL DESCRIBE PARTICULARLY THE NATURE OF THE
VIOLATION INCLUDING A REFERENCE TO THE PROVISION OF THIS SECTION, STAND-
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ARD, REGULATION OR ORDER ALLEGED TO HAVE BEEN VIOLATED, SHALL FIX A
REASONABLE TIME FOR COMPLIANCE AND MAY ESTABLISH THE PENALTY TO BE
ASSESSED FOR FAILURE TO CORRECT THE VIOLATION BY THE TIME FIXED FOR
COMPLIANCE. AN EMPLOYER WHO FAILS TO CORRECT A NON-SERIOUS VIOLATION BY
THE TIME FIXED FOR COMPLIANCE MAY BE ASSESSED A CIVIL PENALTY OF UP TO
FIFTY DOLLARS PER DAY UNTIL THE VIOLATION IS CORRECTED. AN EMPLOYER WHO
FAILS TO CORRECT A SERIOUS VIOLATION BY THE TIME FIXED FOR COMPLIANCE
MAY BE ASSESSED A CIVIL PENALTY OF UP TO TWO HUNDRED DOLLARS PER DAY
UNTIL THE VIOLATION IS CORRECTED. THE COMMISSIONER SHALL NOT ASSESS A
PENALTY AGAINST AN EMPLOYER FOR FAILURE TO CORRECT A VIOLATION OF A
STANDARD WHICH IS THE SUBJECT OF AN APPLICATION FOR A TEMPORARY ORDER
GRANTING A VARIANCE OR A VIOLATION WHICH IS THE SUBJECT OF A PETITION TO
MODIFY AN ORDER TO COMPLY, PROVIDED HOWEVER, THAT UPON ISSUANCE BY THE
COMMISSIONER OF A DETERMINATION DENYING SUCH VARIANCE OR PETITION TO
MODIFY , OR UPON EXPIRATION OF A TEMPORARY VARIANCE OR MODIFIED COMPLI-
ANCE PERIOD, THE TIME FIXED FOR COMPLIANCE SHALL RECOMMENCE AND THE
EMPLOYER BECOME LIABLE FOR THE PENALTIES PROVIDED IN THIS SUBDIVISION.
FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "SERIOUS VIOLATION"
SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBSECTION (K) OF
SECTION 666 OF TITLE 29 OF THE UNITED STATES CODE AND "NON-SERIOUS
VIOLATION" SHALL MEAN ANY VIOLATION THAT DOES NOT FALL UNDER THE DEFI-
NITION OF A SERIOUS VIOLATION.
B. WHERE THE COMMISSIONER ISSUES TO AN EMPLOYER AN ORDER TO COMPLY,
THE EMPLOYER SHALL POST SUCH ORDER OR A COPY THEREOF IN A CONSPICUOUS
PLACE AT OR NEAR EACH PLACE OF VIOLATION CITED IN THE ORDER, WHERE IT IS
CLEARLY VISIBLE TO AFFECTED EMPLOYEES. THE COMMISSIONER SHALL MAKE SUCH
ORDER AVAILABLE TO EMPLOYEE REPRESENTATIVES.
C. ANY EMPLOYER, OR OTHER PARTY AFFECTED BY A DETERMINATION OF THE
COMMISSIONER ISSUED PURSUANT TO THIS SECTION MAY PETITION THE INDUSTRIAL
BOARD OF APPEALS FOR REVIEW OF SUCH DETERMINATION IN ACCORDANCE WITH
SECTION ONE HUNDRED ONE OF THIS CHAPTER. JUDICIAL REVIEW OF THE DECISION
OF THE INDUSTRIAL BOARD OF APPEALS MAY BE OBTAINED BY ANY PARTY AFFECTED
BY SUCH DECISION BY COMMENCING A PROCEEDING PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES WITHIN SIXTY DAYS AFTER
SUCH DECISION IS ISSUED.
D. IF THE TIME FOR COMPLIANCE WITH AN ORDER OF THE COMMISSIONER ISSUED
PURSUANT TO THIS SECTION HAS ELAPSED, AND THE EMPLOYER HAS NOT COMPLIED
WITH THE PROVISIONS OF THE ORDER, THE COMMISSIONER SHALL SEEK JUDICIAL
ENFORCEMENT OF SUCH ORDER. WHERE AN EMPLOYER HAS COMPLIED WITH AN ORDER
IN ALL RESPECTS OTHER THAN THE PAYMENT OF A PENALTY IMPOSED PURSUANT TO
THIS SUBDIVISION, THE COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE
COUNTY WHERE THE EMPLOYER HAS ITS PLACE OF BUSINESS THE ORDER OF THE
COMMISSIONER CONTINUING THE AMOUNT OF CIVIL PENALTY FOUND TO BE DUE. THE
FILING OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT
DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER OR DECISION MAY BE
ENFORCED BY AND IN THE SAME MANNER, AND WITH LIKE EFFECT, AS THAT
PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A
MONEY JUDGMENT.
12. INJUNCTION PROCEEDINGS. A. THE SUPREME COURT OF THE STATE SHALL
HAVE JURISDICTION, UPON PETITION OF THE COMMISSIONER, PURSUANT TO THE
CIVIL PRACTICE LAW AND RULES TO RESTRAIN ANY CONDITIONS OR PRACTICES IN
ANY PLACE OF EMPLOYMENT WHICH ARE SUCH THAT A DANGER EXISTS WHICH COULD
REASONABLY BE EXPECTED TO CAUSE DEATH OR SERIOUS PHYSICAL HARM IMME-
DIATELY OR BEFORE THE IMMINENCE OF SUCH DANGER CAN BE ELIMINATED THROUGH
THE ABATEMENT PROCEDURES OTHERWISE PROVIDED FOR BY THIS SECTION. SUCH
PROCEEDING SHALL BE BROUGHT IN THE COUNTY IN WHICH THE VIOLATION IS
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ALLEGED TO EXIST. ANY ORDER ISSUED UNDER THIS SECTION MAY REQUIRE SUCH
STEPS TO BE TAKEN AS MAY BE NECESSARY TO AVOID, CORRECT OR REMOVE SUCH
IMMINENT DANGER AND PROHIBIT THE EMPLOYMENT OR PRESENCE OF ANY INDIVID-
UAL IN LOCATIONS OR UNDER CONDITIONS WHERE SUCH IMMINENT DANGER EXISTS,
EXCEPT INDIVIDUALS WHOSE PRESENCE IS NECESSARY TO AVOID, CORRECT, OR
REMOVE SUCH IMMINENT DANGER OR TO MAINTAIN THE CAPACITY OF A CONTINUOUS
PROCESS OPERATION TO RESUME NORMAL OPERATIONS WITHOUT A COMPLETE CESSA-
TION OF OPERATIONS, OR WHERE A CESSATION OF OPERATIONS IS NECESSARY, TO
PERMIT SUCH TO BE ACCOMPLISHED IN A SAFE AND ORDERLY MANNER. THE EMPLOY-
ER MAY CONTEST SUCH ORDER PURSUANT TO THE CIVIL PRACTICE LAW AND RULES.
B. WHENEVER AND AS SOON AS AN INSPECTOR CONCLUDES THAT CONDITIONS OR
PRACTICES DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION EXIST IN ANY
PLACE OF EMPLOYMENT, SUCH INSPECTOR SHALL INFORM THE AFFECTED EMPLOYEES
AND EMPLOYERS OF THE DANGER AND THAT SUCH INSPECTOR IS RECOMMENDING TO
THE COMMISSIONER THAT RELIEF BE SOUGHT.
C. IF THE COMMISSIONER FAILS TO SEEK RELIEF UNDER THIS SECTION WITHIN
FORTY-EIGHT HOURS OF BEING NOTIFIED OF SUCH CONDITION, ANY EMPLOYEE WHO
MAY BE INJURED BY REASON OF SUCH FAILURE, OR THE AUTHORIZED EMPLOYEE
REPRESENTATIVE OF SUCH EMPLOYEES, MAY SEEK INJUNCTIVE RELIEF AS PROVIDED
IN PARAGRAPH A OF THIS SUBDIVISION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
