Warehouse Worker Injury Reduction Program Signed Into Law

Seyfarth Synopsis: On December 21, 2024, New York Governor Kathy Hochul signed the State’s new Worker Injury Reduction Program into law, which requires covered employers to establish a program to identify and minimize the risks of musculoskeletal injuries and disorders, and expands the rules first put into place by the 2022 Warehouse Worker Protection Act.

As previously detailed here, New York’s legislature passed a bill, the Warehouse Worker Injury Reduction Program (S5081/ A8907), as an amendment to Sections 780 and 786 of the labor law. The bill was signed into law on December 21, 2024 and will become effective on June 1, 2025.

Covered Employers

The law—referencing New York Labor Law § 780(4) originally created by the 2022 Warehouse Worker Protection Act—defines “covered employers” as a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary services, or staffing agency, independent contractor, or any similar entity, employs or exercises control over the wages, hours, or working conditions of one hundred or more employees at a single warehouse distribution center or one thousand or more employees at one or more warehouse distribution centers in the state.

Warehouse Worker Injury Reduction Program Requirements

All employers subject to this law are required to establish and implement an injury reduction program designed to identify and minimize the risks of musculoskeletal injuries and disorders among workers involved in performing manual materials handling tasks.

The Program will impose several burdensome and vaguely defined requirements on employers, including worksite evaluations, control of exposures, employee training, on-site medical and first aid practices, and employee involvement.

• Written Work Site Evaluation. Ensure that each covered job, process, or operation of work activity have a written work site evaluation by a qualified ergonomist which identifies risk factors which have or are likely to cause musculoskeletal injuries and disorders. The Program allows similar tasks to be grouped. Risk factors for evaluation shall include but are not limited to:
  • pace,
  • forceful exertions,
  • repetitive motions,
  • twisting,
  • bending, and
  • awkward postures and combinations that cause or are likely to cause musculoskeletal injuries and disorders.

Evaluations must be conducted initially and “reviewed and updated” at least annually. Employers must provide copies of the evaluations to employees upon request, within one business day. The initial worksite evaluation must occur by June 19, 2025.

• Control of Exposures. Correct, in a timely manner, any risk factors identified in the evaluation as having caused or being likely to cause musculoskeletal injuries and disorders. For any corrections which require more than thirty days to complete, the employer must provide a schedule. Provide the schedule evaluations to workers and their representatives upon request.
• Employee Training. By February 19, 2025[1], covered employers must provide injury reduction training to all employees involved in performing manual materials handling jobs and tasks. The training must be provided during normal work hours and without the employee losing pay. The training must be in a language and vocabulary that the workers understand and must be repeated annually. The training must also be provided to the workers’ supervisors. The training must include:
  • (a) Early symptoms of musculoskeletal injuries and disorders and the importance of early detection;
  • (b) Musculoskeletal injury and disorder risk factors and exposures at work, including the hazards posed by excessive rates of work;
  • (c) Methods to reduce risk factors for musculoskeletal injuries and disorders, including both engineering controls and administrative controls, such as limitations on work pace and increased scheduled and unscheduled breaks;
  • (d) The employer's program to identify risk factors and prevent musculoskeletal injuries and disorders, including the summary protocols for medical treatment approved by the employer's medical consultant;
  • (e) The rights and function of workplace safety committees established under the Program and the rights of employees to report any risk factors, other hazards, injuries or health and safety concerns without fear of reprisal; and
  • (f) The prohibition of retaliation against employees related to the Program, including the disciplinary actions required when supervisors or managers violate the Program or the employer’s policy, as well as the employer's general policy prohibiting any workplace discrimination.
• On-Site Medical and First Aid Practices. Effective February 19, 2025, if an on-site medical office or first aid station in a warehouse treats workers with symptoms of musculoskeletal injuries and disorders, they must be staffed with medical professionals qualified to diagnose and treat musculoskeletal injuries.
• Employee Involvement. Ensure that employees and their designated representatives are consulted both before and during the development and implementation of all aspects of the program.

Seyfarth will continue to monitor developments in this space and provide updates when available. Please feel free to reach out to any of the authors of this alert, or your regular Seyfarth contact, with any questions.

 

[1] Separately, but also effective on February 19, 2025, the commissioner will form a task force, chaired by a recognized academic leader in the field of ergonomics in New York state, with representatives from the warehouse workforce, labor organizations active in the warehousing industry, and employers in the industry. The task force will recommend the core competencies required for the certification of qualified ergonomists, and set standardized worksite evaluations and controls.