ny-LAB-39-26-00022-P: Prevention of Retail Workplace Violence

I.D. No. LAB-39-26-00022-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Proposed Action: Addition of Subpart 27-2 to Title 12 NYCRR. Statutory authority: Labor Law, sections 27-e(6) and 21(11) Subject: Prevention of Retail Workplace Violence. Purpose: To promulgate regulations pursuant to NYS Labor Law section 27-e(6) regarding preventing retail workplace violence. Text of proposed rule: A new Subpart 27-2 is added to Part 27 of SubchapterAof Chapter 1 of Title 12 of NYCRR as follows: Subpart 27-2 – Prevention of Retail Workplace Violence Section 27-2.1 (a) Definitions (1) Easily Accessible. Any location that retail employees can quickly access in the event of an emergency. A location is not easily accessible if it is behind a locked door or other access point and retail employees cannot access it quickly. (2) Employer. Any person, entity, business, corporation, partnership, limited liability company, or an association employing at least 10 retail employees. The term employer shall not include the State, any political subdivision of the State, a public authority, or any other governmental agency or instrumentality. (3) Request for Immediate Assistance. A request, such as a notice or alert, transmitted immediately to a security officer, manager, or supervisor that notifies them of a need for immediate assistance. (4) Retail Employee. Any employee working at a retail store for an employer. 27 Rule MakingActivities (5) Retail Store. Any store that sells consumer commodities at retail and which is not primarily engaged in the sale of food for consumption on the premises. (6) Security Officer. Any person who is either an employee of an employer or a third-party whose job duties include deterrence, observa- tion, detection and/or reporting of incidents in order to prevent any unlaw- ful or unauthorized activity including but not limited to unlawful or unau- thorized intrusion or entry, larceny, vandalism, abuse, arson or trespass on property. (7) Silent Response Button. A physical device or mobile phone-based application that allows retail employees to silently request immediate as- sistance from a security officer, manager, or supervisor while working at the employee’s location in the case of an emergency. A silent response but- ton may be: (i) a device installed in an easily accessible location in the work- place; (ii) a wearable device; or (iii) a mobile phone-based application. A silent response button must be specifically designed to silently request immediate assistance in the case of an emergency, as distinguished from buttons, devices, or applications designed for general communication, such as mobile or desk phones, handheld transceivers (walkie-talkies), or all-purpose email applications. (8) Workplace. Any location away from an employee’s domicile, per- manent or temporary, where an employee performs any work-related duty in the course of their employment by an