The New York State Legislature has recently passed the Retail Worker Safety Act, also known as the RWSA. This new law is meant to address the growing problem of workplace violence and harassment, particularly against retail employees, who are at increasing risk of being injured by angry customers. Among other things, it would require employers to implement standards and training to reduce the risk of harm to employees.
What is the Retail Worker Safety Act?
The Retail Worker Safety Act (RWSA) is a law recently passed in New York State that is meant to protect workers who are at high risk of being injured on the job due to harassment or violence, such as from angry customers or aggressive co-workers. While still relatively uncommon, incidents involving violent customers are a growing concern, above and beyond normal issues with robberies and other types of violent crime. The RWSA is meant to help implement tools that limit the risks of these incidents, and allows security or law enforcement to respond quickly when violence occurs.
Why Was the RWSA Passed?
The RWSA was passed to deal with the growing trend of workplace violence, particularly in the retail environment. According to the Bureau of Labor Statistics, more than 37,000 people were injured as a result of workplace violence in 2020, with an additional 57,000 being injured in 2021-22. While some of these incidents involve highly dangerous situations like active shooters, the vast majority of violent incidents in the workplace involve customer-client interactions, worker-on-worker violence, or personal relationship incidents (which disproportionately impacts women).
What Does the RWSA Do?
The RWSA would, if signed into law, require employers to have training for employees to help them deal with potentially violent situations. This includes training them to de-escalate situations involving violent co-workers or customers, and would require implementing strategies to address violence when it occurs. It would also require any employer with more than 500 employees nationwide to install panic buttons, which would be used to quietly summon security or law enforcement to address a dangerous situation.
How Could This Impact You?
While some jobs are riskier than others, there is always a chance of customers or co-workers engaging in violent behavior. It may be the byproduct of sexual harassment, discrimination, or other forms of misconduct that employers should work to prevent. If this happens to you, you may be able to seek compensation for the harm you suffered.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
