Violence in the workplace is on the rise, and customer service and retail workers are among the most vulnerable. Frontline staff face a range of security risks, from threats and intimidation to harassment and theft-related assaults. With New York consistently ranking among the highest states for workplace violence, new legislation is now in place to better protect retail employees.
According to the U.S. Chamber of Commerce, 8 out of 10 retailers reported a surge in violence and aggression in 2023.
New York’s Retail Workplace Violence Prevention Act (also known as S8358B/A8947C) sets a new benchmark for employee safety by requiring three things: 1) training, 2) a workplace violence prevention plan, and 3) security technology.
OpenSesame has created a list of courses that will help meet the training requirements while empowering your team with the skills to recognize, prevent, and respond to violent situations. Let’s break down everything employers need to know to prepare and train.
What is the New York Retail Worker Safety Act?:
- The New York Retail Worker Safety Act (also known as S8358B/A8947C) is designed to create safer workplaces by preventing violence in retail settings. The requirements include developing a training program and workplace violence prevention plan and policy, implementing security technology, conducting consistent risk assessments, offering whistleblower protections, and providing written notice to employees about the training and policy.
Who is affected?
- Employers with 10 or more retail employees within New York State
- “Retail stores” include stores that sell consumer commodities at retail and which are not primarily engaged in food sales that are consumed on the premises
When do the requirements go into effect?
- June 2, 2025: Training, workplace violence prevention plan, and notice to employees
- January 1, 2027: Security technology – Employers with 500 or more retail employees statewide will be required to provide silent response buttons (SRBs) for alerting internal staff (security officers, managers, or supervisors).
What are the training requirements?
- Content – Employers must provide interactive training that includes:
- 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
- Instruction on the use of security alarms or buttons, and other related emergency devices
- Training frequency:
- Employers with less than fifty retail employees: upon hire and then every other year
- Employers with more than fifty retail employees: upon hire and annually
What are the requirements for the workplace violence prevention plan and policy?
- Employers must either use the model retail workplace violence prevention policy to be provided by the New York Department of Labor or develop one that meets or exceeds its minimum standards, which include:
- Providing the policy to all employees in writing upon hire and annually
- Including a list of workplace violence risk factors or situations
- Outlining methods that employers may use to prevent incidents of workplace violence (such as reporting systems for workplace violence incidents)
- Including details about federal and state laws related to violence against retail workers, the remedies available to victims, and a statement that additional local laws may also apply.
- Clearly stating that retaliation is prohibited against those who report incidents of violence or risk factors, or who participate in investigations or legal proceedings under the law.
What are the requirements for the security technology?
- Employers with 500 or more retail employees statewide will be required to provide silent response buttons (SRBs) for alerting internal staff (security officers, managers, or supervisors). SRBs must be easily accessible, including through wearable tech like employer-provided mobile devices. Location tracking is only permitted when the SRB is activated.
Resources to help meet the requirements
- Training: To satisfy the training components of the requirements, OpenSesame offers a variety of training courses. These interactive courses are all available in English and Spanish and train workers in topics including de-escalation, active shooter drills, security technology, and emergency protocols.
- Workplace violence prevention plans: If your organization needs help creating a workplace violence prevention plan, we recommend checking out these publisher resources:
- WILL Interactive: Get help from the WILL Interactive team by filling out their form. This service is free for customers using their course to meet the training requirements.
- EasyLlama: Check out their free template.
What are the risks of noncompliance?
- Failing to comply can lead to fines, legal action, or greater liability in cases of workplace violence, so it’s crucial for businesses to adhere closely to the Act’s requirements.
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