New York Governor Kathy Hochul signed legislation on Thursday mandating corporate retailers to enhance safety measures for their employees, including requiring major chains to install panic buttons at all locations throughout New York State.
The Retail Worker Safety Act (RWSA) also requires retailers to implement programs to prevent workplace violence and provide training to employees on de-escalation, active shooter drills and emergency procedures.
The law will go into effect after 180 days.
“The preventative measures this law provides will help stop violence and harassment before it starts, but even more importantly, will more safely assist workers in getting help quickly in the event of an emergency,” stated Stuart Appelbaum, president of the RWDSU. He added, “Retail workers should not go to work every day in fear, this law goes a long way toward ending that.”
Language in the bill (SB S8358C) defines “panic button” as “a physical 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. A panic button may be a button that is installed in an easily accessible location in the workplace, or a wearable or mobile phone-based button.”
The RWDSU said it conducted a membership survey related to workplace violence and found the following:
- Over 80 percent of respondents are worried about an active shooter coming into their workplace
- Nearly two-thirds of respondents experienced verbal harassment or intimidating conduct from a customer, co-worker or manager within the last year
- Only 7 percent of respondents agreed with the following statement: My employer has made changes in the workplace after a violent incident in order to make my work safer
- Nearly 75 percent of respondents would feel safer if they received regular training on how to be safe in the workplace, including understanding the risks, how to reduce those risks and what to do in the event violence occurs
“Based on these findings, as well as the reality of mass shootings in retail settings and the increase in daily violence, it is clear that we have reached a crisis point in this industry and it’s time to act,” the RWDSU stated.
The law requires retailers with 10 or more employees to adopt a violence prevention plan and maintain records of violent incidents for at least three years. Any employer with 500 or more retail employees nationwide must provide panic buttons throughout their workplace. If the employer opts to use wearable or mobile phone-based panic buttons, they must supply these devices to all of their retail employees.
Mobile phone-based panic buttons may only be installed on employer-provided equipment, and wearable and mobile phone-based panic buttons cannot be used to track employee locations except when the panic button is triggered.
The legislation was opposed by many in the retail industry, including Walmart, the National Retail Federation (NRF) and the Food Industry Alliance of New York State (FIA). In June, Walmart criticized the panic button idea, citing concerns about the likelihood of false alarms. Other stakeholders expressed worries about the associated costs. The New York Police Department Community Affairs Bureau has said 911 calls would be more effective to communicate with law enforcement than panic buttons.
