Retail Worker Safety Act Frequently Asked Questions

​How often do I need to distribute the retail workplace violence prevention policy?

​The retail workplace violence prevention policy needs to be distributed to employees when they are first hired and once a year after that.

I plan to adopt the New York State Department of Labor’s (NYSDOL) Retail Workplace Violence Prevention Model Policy. Do I need to make any changes to the policy before I distribute it to my employees?

​Throughout the model policy there are areas for you, the employer, to ​include ​​​business-specific information. This information includes the name of your business, the staff person or office ​where ​you would like employees to report incidents of violence​​, and the staff person or office you would like employees to contact with suggestions for ways to reduce the risk of violence. The policy also provides areas to add information including any additional workplace violence risk factors that you are aware of and any additional methods to prevent violence that you have implemented in your workplace(s).

​Most of my employees do not speak English as their primary language. Am I required to provide them with the retail workplace violence prevention policy in languages other than English? 

​​​​​Employers must distribute the retail workplace violence prevention policy and a written retail workplace violence training template in English and in an employee’s primary language, as indicated by the employee upon hiring, if it is one of the languages NYSDOL has provided a translation. If an employee’s primary language is not one of the languages for which the NYSDOL has provided a translation, an employer can distribute the English version of the retail workplace violence prevention policy.

​How often do I need to provide my employees with an interactive retail workplace violence prevention training? 

​Employers must provide their retail employees with retail workplace violence prevention training when they are first hired. After that, employers with 50 or more retail employees must provide retail workplace violence prevention training once a year. Employers with 49 or fewer retail employees must provide ​the ​training every two years.

​​​​​I would like to establish my own interactive retail workplace violence prevention training. Does this training need to be in-person to be considered interactive? 

No. A training is considered interactive if it requires an employee to provide input during the training and the employee receives a response to the input they provide. Digital ​training​​ can ​​​be considered interactive. Employers who establish their own training need to ensure it meets the minimum requirements outlined in Labor Law Section 27-e.

​I would like to have my employees take NYSDOL’s Retail Workplace Violence Prevention Training. Do I need to provide my employees with any additional instruction beyond what is in NYSDOL’s training? 

Employers who utilize NYSDOL’s training should add site-specific or company-specific information to the ​Department’s ​​Model Training, such as: 

• A list of emergency exits or a floor map with emergency exits clearly marked;

• The location(s) where staff should meet in the event of an emergency;

• Instruction on emergency devices (e.g., fire alarms) that are utilized in the workplace, if any, and how they operate;

• Instructions on security-related devices utilized in the workplace, (e.g. personal response systems or panic alarms), and how they operate; and

• Additional store-specific emergency procedures not covered by ​the Model ​training.

Many of my employees primarily speak a language other than English. Am I required to provide my employees with an interactive retail workplace violence prevention training in their primary language?

​​​​​You must provide your employees with a written template outlining the information in the training in an employee’s primary language, if it is one of the languages for which​ NYSDOL has provided a translation.

If you have developed your own retail workplace violence prevention policy or training, you must translate your policy and training template and provide the translations in your employees’ primary language​s​, if NYSDOL has provided a translation of their model policy and template in that language.

I employ twelve people through my store, seven are retail employees while the other five provide marketing and administrative support. Do I need to adopt a retail workplace violence prevention policy and provide all my employees with retail workplace violence prevention training?

No. This law only covers employers with 10 or more retail employees in New York State. However, all employers are encouraged to take steps to reduce the risk of workplace violence. 

I have five retail employees at one store location and five retail employees at another store location. As I don’t have 10 employees at a single store, does this law still apply? 

​Yes. This law covers employers with 10 or more retail employees anywhere in New York State, regardless of if those employees are working across multiple store locations.

My cleaning business has employees who clean retail stores. These employees are not employed by a retail store or chain and are not involved in selling of goods at retail, but they do primarily work at retail stores. Are these employees covered under the Retail Workers Safety Act? 

​Yes, employees working ​on-site ​at a retail store are covered by this Act. Those employers must comply with developing and delivering the retail workplace violence prevention policy and training.

Am I required to maintain records of workplace violence incidents at my workplace? 

​​While this is not required, ​​NYSDOL recommends you maintain a record of any workplace violence incident reports filed about your workplace. By maintaining these records, you may be able identify trends in violent incidents at your workplace.

Am I required to establish a system for employees to report incidents of workplace violence?

While this is not required, a reporting system is a best practice and a recommended component of an effective workplace violence prevention program.

What is considered workplace violence? 

​Workplace violence is any act or threat of physical violence or aggressive behavior that occurs at the workplace or during a worker’s regular duties. ​It could include, but is not limited to:

• An attempt or threat, whether verbal or physical, to inflict physical injury upon an employee; 

• Any intentional display of force which would give an employee reason to fear or expect bodily harm; 

• ​​​Intentional and wrongful physical contact with a person without his or her consent that inflicts injury; or 

• ​​​Stalking an employee with the interest in causing fear of physical harm to the physical safety and health of such employee when such stalking has arisen through and in the course of employment. 

Workplace violence can be perpetuated by: 

• strangers with no relationship to the business;

• customers served by the business; 

• current or past employees;

• people who have a personal relationship with someone associated with the business. 

​What is a silent response button? 

Employers with 500 employees or more must provide employees with access to a silent response button by January 1, 2027. Silent response buttons allow employees to request immediate assistance if the employee does not feel safe or there is a potential or actual emergency. 

Under the law, a silent response button can take the form of: 

• a physical button easily accessible in the workplace;

• a wearable device; or

• a mobile phone application. 

Mobile phone or wearable​ devices​ may only be installed on employer-provided equipment and may be used to track ​an ​employee​’s​ location only when the silent response button is triggered.