Learn More About How This Law Impacts Workers Frequently Asked Questions for Employees
Q: I work in a Warehouse Distribution Center. How do I know if this law applies to me?
A: The Warehouse Worker Protection Act applies to you if:
- You work at a warehouse distribution center;
- You work for an employer who employs 100 or more employees at a single warehouse distribution center, or 1000 or more employees at multiple warehouse distribution centers in New York State;
- You are not exempt from the minimum wage and any overtime compensation provisions of the Labor Law, or any applicable minimum wages orders; and
- You are not a driver or courier to and from a warehouse.
Q: What is a work-related musculoskeletal disorder?
A: A work-related musculoskeletal disorder means a work-related condition (including injuries, illnesses, or disorders) affecting the muscles, nerves, tendons, ligaments, joints, cartilage, and spinal discs of the upper limbs, lower limbs, neck, shoulders, or back.
Further, these are conditions that are:
- The result of an exposure in the work environment that causes or significantly contributes to the disorder or makes worse and elongates a pre-existing condition;
- Caused by ergonomic risk factors that include, but are not limited to, rapid pace, forceful exertions, extreme or static postures, repetitive motions, direct pressure, contact stress, vibration, or cold temperatures; or
- Are not the result of slips, trips, falls, or any other instantaneous event that is not related to exertion.
Q: I was recently hired at a warehouse and would like to know which jobs put me at risk for musculoskeletal disorders. Can I request a copy of the warehouse’s worksite evaluation?
A: Yes. If you or your representative request a copy of the worksite evaluation, your employer must provide it within one business day. In addition, your employer must keep copies of the worksite evaluation in the warehouse.
Q: The worksite evaluation at my warehouse identified several risks for musculoskeletal disorders, but my employer has not eliminated them. Is this a violation of the law?
A: Your employer must eliminate to the extent possible their employees’ risk for work-related musculoskeletal disorders. But, if your employer can show that they are unable to eliminate a risk, they must instead take steps to minimize the risk. If corrective actions will take longer than thirty days, then your employer must provide a schedule for the corrections. You or your representative may request such information, and your employer must give you copies of their records describing the steps they took to reduce or eliminate risk for work-related musculoskeletal disorders.
Q: There is a new process in place at my warehouse that is not included in the worksite evaluation. Do I have to wait until the annual update of the worksite evaluation to learn if this new process poses a risk for work-related musculoskeletal disorders?
A: No. Whenever a new job, process, or operation is put in place at the warehouse that could increase an employee’s risk for work-related musculoskeletal disorders, employers must update the workplace evaluation and begin efforts to eliminate or reduce any related risk.
Q: My employer provides injury reduction training every year in English. My primary language is not English and I cannot understand the training. Can I request that my employer provide the training in my primary language?
A: Yes. Your employer must provide the training in a language and vocabulary that employees understand.
Q: Which employees must receive injury reduction training?
A: Any employee who performs manual materials handling tasks during their workday, and their supervisors, must receive injury reduction training. Manual materials handling tasks may include, for example, lifting, lowering, pushing, pulling, carrying, holding, or restraining objects.
Q: The medical provider within my warehouse provided my employer with a summary of treatment protocols covering early detection of musculoskeletal disorders through evaluation and appropriate work restrictions. This summary is in English, but my primary language is not English. Can I request this document translated into my primary language?
A: Yes. This summary document must be available in a language the employee understands.
Q: I have developed a work-related musculoskeletal injury. I prefer to receive medical care from my personal doctor. Am I required to seek care from the medical station within the warehouse first?
A: No. This law does not require that you receive medical care from the medical station within the warehouse. However, if you would like to file a claim for Workers’ Compensation, it is recommended that you report your injury to your employer within 30 days. To learn more about filing a workers compensation claim visit the New York Workers Compensation Board website.
Q: I am a member of the workplace safety committee. Our employer has provided us with copies of the worksite evaluation, medical consultant evaluations, and other documents related to the injury reduction program in English. However, my primary language is not English. Can I request these documents in my primary language?
A: Yes. Your employer must provide the workplace safety committee with all records and documents related to the injury reduction program in English and in the primary language of the employee.
Q: There is not a workplace safety committee in place at my warehouse. Is my employer still required to consult with employees on the development and implementation of the injury reduction program?
A: Yes. Even if there is no workplace safety committee in place at your workplace, your employer must make sure employees are consulted before and during the development and implementation of the injury reduction program. In addition, in conducting the worksite evaluation, your employer must ask for input from employees who perform the jobs being evaluated. Your employer must ask these employees for input on the risks posed by their work and ways to reduce the risk for musculoskeletal disorders.
Q: What can I do if I believe my employer is violating this law?
A: You have the right to file a complaint with the New York State Department of Labor.
To file a complaint by email, email the completed SH550 form to: [email protected]. You can also use this email address for questions or concerns.
To file a complaint by mail, mail the completed SH550 form to:
Safety, Health, and Essential Rights
1220 Washington Ave
Building 12, Room 169
Albany, NY 12226
There is also an online complaint portal.
Q: Can I be disciplined or terminated for requesting information or making a complaint regarding the injury reduction program?
A: No, your employer cannot discipline or terminate you for exercising your rights under the Injury Reduction Program. You may file a complaint online, using the online portal, or by submitting your completed SH550 form (in English or Spanish) by email, or by mail.
To file a complaint by email, email the completed SH550 form to: [email protected]. You can also use this email address for questions or concerns.
To file a complaint by mail, mail the completed SH550 form to:
Safety, Health, and Essential Rights
1220 Washington Ave
Building 12, Room 169
Albany, NY 12226
There is also an online complaint portal.
Q: When is my employer required to provide me information regarding quotas?
A: If you are just starting your employment, your employer must provide you with this information upon hire. In addition, if there are any changes to the quota, your employer must let you know in writing at least two business days after those changes are made. If your employer takes any adverse employment action against you, which may include discipline or even termination, they must again provide you with the quotas in writing.
Q: What information about quotas is my employer required to give me?
A: The written description of the quota must include the number of tasks to be performed, materials produced or handled, the applicable time period in which the tasks must be performed, and any adverse employment actions that could occur from failure to meet the quota. Any time the written description of the quota is provided to you, it must be provided in both English and any other language identified by you as your primary language.
Q: Can I be disciplined or terminated for failing to meet a quota I did not know about?
A: No. An employer is prohibited from taking an adverse employment action, which could include discipline or termination, against you for failure to meet a quota if they have not disclosed the quota to you in writing in the manner required by the law.
Q: Can I be disciplined or terminated for failure to meet a quota because I took a meal or rest period or used the bathroom?
A: No. Your employer is prohibited from setting a quota that prevents you from exercising your rights under the law to take a meal or rest period or use bathroom facilities, including reasonable travel time to and from bathroom facilities. In addition, paid and unpaid breaks are prohibited from being considered productive time for the purpose of monitoring compliance with a quota unless you are required to remain on call. Your employer is prohibited from taking an adverse employment action against you, including disciplining or terminating you, if the quota your employer has in place prevents you from exercising these rights.
Q: English is not my primary language, can I receive quota information in a language other than English?
A: Yes. Your employer must provide you with written quota descriptions in English and the language you identify as your primary language.
Q: Can I, a current employee, request quota information?
A: Yes. Current employees have the right to request a written description of each quota to which they are subject at any time.
Q: What information, as a current employee, am I allowed to request if I believe I have been disciplined for failure to meet a quota?
A: In this situation, you are allowed to request a written description of the quota to which you are subject, a copy of the most recent 90 days of your personal work speed data, and a copy of the aggregate work speed data for similar employees at the same establishment during the same time period. Your employer must provide you with this information no later than 14 calendar days after your request.
Q: What can I do, as a current employee, if I believe meeting the quota has caused a violation of my right to a meal or rest period, use of the bathroom, or reasonable time to travel to the bathroom?
A: In this situation, you are allowed to request a written description of the quota to which you are subject, a copy of the most recent 90 days of your personal work speed data, and a copy of the aggregate work speed data for similar employees at the same establishment during the same time period. Your employer must provide you with this information no later than 14 calendar days after your request. You may file a complaint with the Department of Labor if you think your rights have been violated.
Q: I think I was terminated from my employer because of failure to meet a quota. Can I request quota information as a former employee?
A: Yes. As a former employee, you also have the right to request a written description of the quota to which you are subject, a copy of the most recent 90 days of your own personal work speed data, and a copy of the aggregate work speed data for similar employees at the same establishment during the same time period. An employer must get you this information no later than 14 calendar days after your request. Please note that as a former employee, you are only permitted one request of this nature