As the new Administration has emphasized that federal deregulation is a priority, it is expected that many states will step into the anticipated void left by federal labor agencies such as OSHA.
Not surprisingly, New York is one of those states.
Last year New York enacted the Retail Worker Safety Act and Governor Hochul recently signed an amendment into law. The statute, which applies to any store with 10 or more employees that “sells customer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises,” is designed to prevent violence at retail stores. Employers will be required to implement a violence prevention policy, inform employees of emergency procedures for incidents such as active shooters and train employees on de-escalation strategies.
The recent amendments pushed back the effective date of the mandated policy, training and notice from March 4 to June 2. Moreover, employers with fewer than 50 employees will need to provide employees with training at the time of hire and then every two years as opposed to the original annual training requirement.
The amendments also revised the original physical panic button requirement for large employers and now requires retailers that have 500 or more employees to provide each employee with a “silent response button” which must alert security officers or supervisors rather than law enforcement. The deadline to implement the silent response button remains January 1, 2027.
The New York State Department of Labor is expected to develop a model policy for employer workplace violence plans and also develop a model training program. Similar to other NY Labor Law requirements, NYSDOL will issue the model prevention policy in English and 12 of the most commonly spoken languages.
In addition, last month Governor Hochul also signed into law amendments to the New York Warehouse Worker Injury Reduction Act. The law requires covered warehouse employers to implement formal injury reduction programs that identify and minimize the risk of musculoskeletal injures to employees.
Employers are required to comply with all aspects of the law by June 1, 2025. The amendments expand the definition of “musculoskeletal injuries” to now cover “work-related musculoskeletal disorders” affecting the “the muscles, nerves, tendons, ligaments, joints, cartilage of the body’s musculoskeletal system including the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs of the upper and lower limbs, neck, shoulders, and back.”
The amendment also expands who is qualified to conduct the required worksite evaluation by defining the term “competent person” as anyone “capable of performing a job hazard assessment to identity and assess existing and predictable ergonomic risk factors” that may cause or contribute to musculoskeletal disorders. The term is not limited to ergonomists, but also includes industrial hygienists, certified safety professionals, or other health and safety professionals who are academically qualified or have extensive knowledge or training in managing workplace injury risks.
The amendment further requires that worksite evaluations “shall incorporate input” from workers either “directly or through an employee-led workplace safety committee” as opposed to merely obtaining recommendations as the original version of the law required.
Finally, the amendment clarifies that the on-site treatment requirements are not limited to medical offices or first aid stations but applies to any location staffing medical professionals that treat warehouse workers “for symptoms of work-related musculoskeletal disorders.”
We expect more states to follow New York and enact industry specific and/or general worker safety and health protection laws and many have already. Another example similar to the New York Warehouse Worker Injury Reduction Act is Washington State’s ergonomics law that went into effect July 23, 2023, although the first rule cannot take effect until July 1, 2026.
