Bill Text: NY S08358 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the retail worker safety act requiring retail worker employers to develop and implement programs to prevent workplace violence; directs the department of labor to produce a model workplace violence prevention training program; requires employers to provide training on such programs; requires the installation of panic buttons at certain workplaces or wearable or mobile phone-based panic buttons to be provided.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced) 2024-06-07 - SUBSTITUTED BY A8947C [S08358 Detail]

Download: New_York-2023-S08358-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8358--B

                    IN SENATE

                                    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:

     1    Section  1.  This  act  shall be known and may be cited as the "retail
     2  worker safety act".
     3    § 2.  The labor law is amended by adding a new section 27-e to read as
     4  follows:
     5    § 27-e. Prevention of retail workplace violence. 1.  Definitions.  For
     6  the purposes of this section:
     7    a.  "Employer"  means any person, entity, business, corporation, part-
     8  nership, limited liability company, or an association employing at least
     9  ten retail employees. The term shall not include the  state,  any  poli-
    10  tical subdivision of the state, a public authority, or any other govern-
    11  mental agency or instrumentality.
    12    b.  "Retail  employee" means an employee working at a retail store for
    13  an employer.
    14    c. "Workplace" means any location away from  an  employee's  domicile,
    15  permanent or temporary, where an employee performs any work-related duty
    16  in the course of their employment by an employer.
    17    d.  "Retail  store"  means  a store that sells consumer commodities at
    18  retail and which is not primarily  engaged  in  the  sale  of  food  for
    19  consumption on the premises.
    20    e. "Panic button" means a physical button installed in easily accessi-
    21  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

     1  based button that when pressed  immediately  contacts  the  local  9-1-1
     2  public safety answering point ("PSAP"), provides that PSAP with employee
     3  location  information, and dispatches local law enforcement to the work-
     4  place.
     5    2. Written workplace violence prevention policy.  The department shall
     6  create and publish a model retail workplace violence prevention guidance
     7  document  and retail workplace violence prevention policy that employers
     8  may utilize in their adoption of a retail workplace violence  prevention
     9  policy required by this section.
    10    a. Such model retail workplace violence prevention policy shall:
    11    (i) outline a list of factors or situations in such workplace or work-
    12  places  that might place retail employees at risk of workplace violence,
    13  including but not limited to:
    14    (A) working late night or early morning hours;
    15    (B) exchanging money with the public;
    16    (C) working alone or in small numbers; and
    17    (D) uncontrolled access to the workplace.
    18    (ii) outline methods that employers may use to  prevent  incidents  of
    19  workplace  violence  at  such workplace or workplaces, including but not
    20  limited to establishing and implementing reporting systems for incidents
    21  of workplace violence;
    22    (iii) include information concerning the federal and state   statutory
    23  provisions  concerning  violence  against  retail  workers  and remedies
    24  available to victims  of violence in the workplace and a statement  that
    25  there may be applicable local laws; and
    26    (iv)  clearly  state that retaliation against individuals who complain
    27  of workplace violence or the presence of factors or situations  in  such
    28  workplace  or  workplaces  that  might place retail employees at risk of
    29  workplace violence, or who testify or assist in any proceeding under the
    30  law is unlawful.
    31    b. Every employer shall adopt  the  model  retail  workplace  violence
    32  prevention policy promulgated pursuant to this subdivision, or establish
    33  a  workplace violence prevention policy that equals or exceeds the mini-
    34  mum  standards  provided  by  such  model  retail   workplace   violence
    35  prevention policy. Such model retail workplace violence prevention poli-
    36  cy  shall be provided to all employees in writing upon hire and annually
    37  thereafter. Such model retail workplace violence prevention policy shall
    38  be publicly available and posted on the website of the department.
    39    3. Employee information and training.  a. The department, in consulta-
    40  tion with relevant groups as deemed necessary,  shall  produce  a  model
    41  workplace  violence  prevention  training  program. Every employer shall
    42  utilize the model workplace violence prevention training program  pursu-
    43  ant  to  this  subdivision  or establish a workplace violence prevention
    44  training program that equals or exceeds the minimum  standards  provided
    45  by  such model training program. The department's model training program
    46  shall be interactive and shall include, but not be limited to:
    47    (i) information on the requirements of this section;
    48    (ii) examples of measures retail employees can use  to  protect  them-
    49  selves  when  faced  with  workplace  violence  from  customers or other
    50  coworkers;
    51    (iii) de-escalation tactics;
    52    (iv) active shooter drills;
    53    (v) emergency procedures; and
    54    (vi) instruction on the use of security  alarms,  panic  buttons,  and
    55  other related emergency devices.
        S. 8358--B                          3

     1    b.  The  department  shall include information in such model workplace
     2  violence  prevention training program addressing conduct by  supervisors
     3  and  any  additional    responsibilities for such supervisors, including
     4  ways to address workplace specific emergency procedures, and training on
     5  areas of previous security problems.
     6    c.   Every   employer  shall  utilize  the  model  workplace  violence
     7  prevention training program pursuant to this subdivision or establish  a
     8  training program for retail employees to prevent workplace violence that
     9  equals or exceeds the minimum standards provided by such model training.
    10  As  part  of  this  training,  every  employer shall communicate to each
    11  employee a site-specific list of emergency exits and meeting  places  in
    12  case  of emergency. Such workplace violence prevention training shall be
    13  provided to all retail employees upon hire  and on an annual basis ther-
    14  eafter.
    15    4. Notice of policy. a. Every  employer  shall  provide  their  retail
    16  employees,  in writing in English and in the language identified by each
    17  employee as the primary language of such employee, at the time of hiring
    18  and at every annual  workplace  violence  prevention  training  provided
    19  pursuant  to subdivision three of this section, a notice containing such
    20  employer's retail workplace violence prevention policy and the  informa-
    21  tion presented at such employer's workplace violence prevention training
    22  program.
    23    b.  The commissioner shall prepare templates of the model retail work-
    24  place violence prevention  policy  created  and  published  pursuant  to
    25  subdivision  two  of  this  section  and  the  model  workplace violence
    26  prevention training program produced pursuant to  subdivision  three  of
    27  this  section.  The  commissioner  shall determine, in their discretion,
    28  which languages to provide in addition to English, based on the size  of
    29  the  New  York  state population that speaks each language and any other
    30  factor that the commissioner shall deem  relevant.  All  such  templates
    31  shall be made available to employers in such manner as determined by the
    32  commissioner.
    33    c.  When  an  employee identifies as their primary language a language
    34  for which a template is not available from the commissioner, the employ-
    35  er shall comply with this subdivision  by  providing  that  employee  an
    36  English-language notice.
    37    d.  An  employer shall not be penalized for errors or omissions in the
    38  non-English portions of any notice provided by the commissioner.
    39    5. Panic buttons. a. Every employer of five  hundred  or  more  retail
    40  employees  nationwide  shall  provide access to panic buttons throughout
    41  the workplace or workplaces.
    42    b. Wearable or mobile phone-based panic buttons may only be  installed
    43  on  employer-provided  equipment and shall not be used to track employee
    44  locations except when the panic button is triggered.
    45    6. Rules and regulations. The commissioner shall adopt rules and regu-
    46  lations necessary to implement the  provisions of this section.
    47    7. Evaluation of policy. Beginning in the year  two  thousand  twenty-
    48  seven  and  every succeeding four years thereafter, the department shall
    49  evaluate, using the criteria within this  section,  the  impact  of  the
    50  current model retail workplace violence prevention guidance document and
    51  retail workplace violence prevention policy. Upon the completion of each
    52  evaluation  the  department  shall  update  the  model  retail workplace
    53  violence prevention guidance  document  and  retail  workplace  violence
    54  prevention policy as needed.
    55    § 3. This act shall take effect on the one hundred eightieth day after
    56  it  shall have become a law; provided that subdivision 5 of section 27-e
        S. 8358--B                          4

     1  of the labor law, as added by section two this act,  shall  take  effect
     2  January  1, 2027.  Effective immediately, the addition, amendment and/or
     3  repeal of any rule or regulation necessary  for  the  implementation  of
     4  this  act  on its effective date are authorized to be made and completed
     5  on or before such effective date.