The enactment of the New York’s Retail Worker Safety Act was driven by alarming statistics highlighting the escalating risks faced by retail workers. The Retail, Wholesale and Department Store Union (RWDSU) conducted a survey revealing the following:
Over 80% of retail workers are concerned about the possibility of an active shooter entering their workplace.
Nearly two-thirds have experienced verbal harassment or intimidating behavior from customers, coworkers, or managers within the past year.
Only 7% felt their employer had implemented safety changes following a violent incident.
Additionally, the New York Police Department reported a 2.7% increase in retail theft complaints in 2024 compared to the previous year, underscoring the growing safety concerns in retail environments. These statistics reflect a critical need for legislative action and to protect retail workers from escalating workplace violence.
The New York Retail Worker Safety Act was signed into law by Governor Kathy Hochul on September 4, 2024. Initially set to take effect on March 4, 2025, the law’s implementation was later delayed to June 2, 2025, following an amendment signed on February 14, 2025. As part of a broader workplace safety initiative, the new act aims to reduce violent incidents by equipping both employees and employers with the necessary tools and training to recognize, prevent, and manage potentially dangerous situations in the workplace.
Who is affected by the Retail Worker Safety Act?
Employers with 10 or more retail employees must do the following:
- Adopt a Workplace Violence Prevention Policy: This policy should identify potential risks and outline procedures to prevent and address workplace violence.
- Provide Workplace Violence Prevention Training: Training must be interactive and cover topics such as de-escalation techniques, active shooter preparedness, emergency procedures, and the use of security systems. For employers with less than 50 employees, training must be provided upon hire and once every two years thereafter. For employers with more than 50 employees, training must be provided upon hire and annually thereafter.
Employers with 500 or more retail employees nationwide, in addition to the requirements above, must also provide the following:
- Install Silent Response Buttons: By January 1, 2027, employers must provide employees with access to silent response buttons to request immediate assistance from a security officer, manager, or supervisor in case of an emergency. These buttons can be installed in accessible locations within the store or provided as wearable or mobile phone-based devices.
Are any businesses exempt from the Retail Worker Safety Act?
- Employers primarily engaged in the sale of food for consumption on the premises: This includes businesses like restaurants and cafes.
- Public Employers: Governmental agencies and public authorities are not covered by the Act.
What must the policy include?
- Include a list of factors or situations in the workplace that might place retail employees at risk of workplace violence;
- Provide methods used to prevent workplace violence incidents;
- Include information about the federal and state statutory provisions that address violence against retail workers and the remedies available to employees, as well as a statement that there may be applicable local laws; and
- Clearly state that it is unlawful to retaliate 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.
What resources are available for New York retail employers?
New York State Department of Labor (NYSDOL): The NYSDOL is expected to release a model workplace violence prevention policy and an interactive training program. These resources will help employers meet the Act’s requirements, including de-escalation techniques, active shooter preparedness, and emergency procedures. New York retail employers can develop their own workplace violence prevention policy and training to comply with the Retail Worker Safety Act, provided that their custom materials meet or exceed the standards set by the law.
How can SEC help?
SEC has developed a Workplace Violence Toolkit tailored to the unique needs and requirements of the Retail Worker Safety Act. Our team will start by providing you with a policy template and real-time consulting to help draft policies that are best practice and align with the requirements. SEC will then deliver customized, interactive employee trainings that are specific to your risks.
In addition, the Workplace Violence Toolkit includes the Anonymous Reporting Line, a Retail Safety Checklist and our online eSEC training course for new hires to easily access and remain compliant at any time throughout the year.
What are the benefits of working with SEC as your trusted security partner?
- SEC brings specialized expertise in identifying and evaluating security threats specific to retail environments, such as shoplifting, aggressive customers, and active shooter scenarios. Our team can also perform on-site assessments to uncover risks that internal teams may overlook.
- SEC is well-versed in the legal requirements of the Retail Worker Safety Act and our guidance ensures your policy and training meet or exceed regulatory standards, reducing the risk of non-compliance fines or litigation.
- SEC can deliver tailored, interactive training—including scenario-based situations and role-specific instruction. Our trainings are highly engaging and effective in helping your employees feel confident in handling incidents.
- Developing a compliant policy and training program from scratch can be time-consuming, especially for HR teams with limited security experience. SEC offers ready-to-implement solutions, often accelerating compliance before enforcement deadlines.
We understand you have an organization to run and need affordable, compliant, and easy-to-implement resources.
For assistance in drafting your workplace violence prevention policy and developing training to comply with the New York legislation, please visit https://secprotects.com/resources/new-york-retail-worker-safety-act/