Retail Workers Safety Act Signed into Law
Gov. Kathy Hochul signed the Retail Workers Safety Act (RWSA) on September 4, aimed at addressing the growing issue of violence and racism faced by retail workers in New York.
Key Provisions
The law requires retailers with 10 or more employees to create workplace violence prevention or reduction programs, with a written policy supplied to all employees. Employers must also provide staff training in the language spoken by employees, covering de-escalation, active shooters, and safety tools like panic buttons.
Employers must assess vulnerabilities such as late-night shifts, understaffing, working solo, handling cash, or past security issues. If they identify potential dangers, they must install better lighting, develop a system for reporting emergencies, or use safes with signage to deter theft.
Retailers with over 500 employees must install panic buttons that automatically connect with 911.
Timeline
The law takes effect 180 days after Hochul’s signing, meaning employers have until around March 3 to put safety measures in place. The Department of Labor will offer a model policy to help businesses comply, which will be subject to review every four years.
Impact
A survey of retail workers by the Retail Wholesale and Department Store Union (RWDSU) found:
- Over 80% worry about an active shooter in the workplace
- Nearly two-thirds experienced verbal harassment or intimidation from customers, coworkers, or managers in the past year
- Only 7% said employers made safety changes after a violent workplace incident
- Nearly three-quarters want regular safety training
The union backed the bill, saying it will help prevent violence and harassment before they occur and provide a safer environment for workers in the event of an emergency.
Criticism
Business associations and chambers of commerce have criticized the RWSA, saying it places an unfair burden on small businesses and fails to address the root causes of retail theft. They argue that the focus should be on stopping criminals rather than placing pressure on businesses.
Budget Provisions
The state budget includes provisions aimed at addressing retail theft, including:
- Elevating assaulting a retail worker to a felony
- Allowing prosecutors to combine thefts from multiple stores to file higher larceny charges
- Committing $40 million to create dedicated teams among local and state police and at district attorneys’ offices to target habitual offenders and organized shoplifting rings
- Outlawing knowingly selling stolen goods online or in person
Conclusion
The Retail Workers Safety Act aims to address the growing issue of violence and racism faced by retail workers in New York. While some have criticized the law, saying it places an unfair burden on small businesses, others see it as a necessary step to ensure the safety of workers and the public.
FAQs
Q: What does the Retail Workers Safety Act require of retailers?
A: Retailers with 10 or more employees must create workplace violence prevention or reduction programs, provide staff training, and assess vulnerabilities.
Q: What are the consequences of not complying with the law?
A: Employers who fail to comply with the law may face penalties and fines.
Q: How will the law impact small businesses?
A: The law may place an unfair burden on small businesses, which may struggle to comply with the new requirements.
Q: What is the goal of the law?
A: The goal of the law is to ensure the safety of retail workers and the public by preventing violence and harassment in the workplace.
