Seyfarth Synopsis: A new bill passed by the New York State legislature, and awaiting the Governor's signature, would mandate that retail employers install panic buttons in the workplace, establish a "workplace violence prevention policy," and provide workplace violence training to covered employees.
Addressing concerns about the threat of workplace violence, the two chambers of the New York State legislature have passed a bill ( Assembly Bill A8947C) that would impose significant workplace violence prevention requirements on retail employers.
If signed by Governor Kathy Hochul, the law would take effect 180 days after signature, with implementation of the panic button requirement delayed until January 1, 2027. The bill, as passed by the legislature, has not yet been "delivered" to the Governor for signature, but reports from Albany are that the Governor supports the measure and is expected to sign it. The bill is loosely modeled off of California's workplace violence prevention requirement, which takes effect on July 1, 2024.
Definitions: Covered Employers, Retail Employees, Retail Stores
Covered employers are defined as "any person, entity, business, corporation, partnership, limited liability company, or an association employing at least ten retail employees." "Retail employees," in turn, are defined as "employee[s] working at a retail store for an employer." Finally, a "retail store" is defined as "a store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises."
In other words, the vast majority of retail employers in the State of New York are covered.
Excluded from coverage are "the state, any political subdivision of the state, a public authority, or any other governmental agency or instrumentality."
Key Requirements: Physical Panic Button, Policy, Training, Model Notice
If signed, the law will impose several requirements on employers, all which must be in place when the law takes effect, with the panic button requirement delayed until the first day of 2027.
- Panic Button. Every employer of 500 or more retail employees nationwide shall provide access to panic buttons throughout the workplace or workplaces. The panic buttons may be physical or phone-based; 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 employer's retail employees.
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- Physical Panic Button. Employers who choose to install a physical button must install a 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 workplace. The button may be a button that is installed in an easily accessible location in the workplace or wearable.
- Mobile Phone-Based Panic Buttons. Mobile phone-based panic buttons may be installed only on employer-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.
- Written Workplace Violence Prevention Policy. Employers must maintain a workplace violence prevention policy. The State Department of Labor will draft a model plan. Employers must adopt the model plan or establish their own policy equaling or exceeding the below minimum standards. Employers must also provide the policy to employees in writing upon hire and annually. The policy must:
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- 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
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- working late night or early morning hours;
- exchanging money with the public;
- working alone or in small numbers; and
- uncontrolled access to the workplace.
- List methods that employers may use to prevent incidents of workplace violence, including but not limited to establishing and implementing reporting systems for incidents of workplace violence;
- 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
- 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.
- Information and Training. Employers must use the interactive, State-provided training (or provide one on their own that is equivalent to the State-provided training), which must include:
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- information on the requirements of this section;
- examples of measures retail employees can use to protect themselves when faced with workplace violence from customers or other coworkers;
- de-escalation tactics;
- active shooter drills;
- emergency procedures; and
- instruction on the use of security alarms, panic buttons, and other related emergency devices.
- 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 thereafter.
- Notice of Policy. Employers must provide all retail employees, in writing in English and in the language identified by each employee as their primary language (but if a template notice is not available in the identified language, English is sufficient), at the time of hiring and at every annual workplace violence prevention training provided, a notice containing such employer's retail workplace violence prevention policy and the information presented at such employer's workplace violence prevention training program.
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