The Warehouse Worker Injury Reduction Program (S5081C/A8907A) was signed into law on December 21.
The intent of the bill is to require "employers to establish 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.”
This action was applauded by New Yorkers for a Fair Economy coalition. The group noted that the law, which will go into effect on June 1, 2025, is essential for protecting warehouse workers as the state has a injury rate of 1 in 9 workers, which is more than double the national average.
The bill applies to all employers that directly or indirectly employ at least 100 employees at a single warehouse distribution center or at least 1,000 employees at one or more warehouse distribution centers in New York.
And it requires employers to create and implement formal injury reduction programs that identify and minimize risks of musculoskeletal injuries in the workplace. The programs must evaluate worksite exposure and provide training.
An analysis of the bill by Yomaris Sanchez-Orona, an associate at Ogletree Deakins, provided this summary of worksite evaluation.
By June 19, 2025, covered employers must enlist the help of a qualified ergonomist to evaluate each job, process, or operation— “or a representative number of … jobs, processes, or operations of identical work activities”—and provide a written evaluation for risk factors that cause or are likely to cause musculoskeletal injuries. Risk factors for evaluation include, but are not limited to, “rapid pace, forceful exertions, repetitive motions, twisting, bending, and awkward postures and combinations thereof” that may cause injuries. Worksite evaluations must also include a determination as to whether any employee who is exposed to such risk factors is subject to potential or actual adverse action arising from an employer’s use of quotas to determine employee assignments.
Employees who regularly work in such areas must be allowed to offer recommendations regarding risk factors and suggest changes to reduce risks.
Worksite evaluations must be reviewed and updated annually, identifying new risk factors whenever a new job, process, or operation is introduced that could increase the risk factors for musculoskeletal injuries. Any new analysis must be completed within thirty days of any new change listed above.
When a risk factor is identified, the covered employer must correct the risk within thirty days. If the risk cannot be remedied within thirty days, the employer must revise its corrective action, as needed, and provide a schedule for proposed corrections. If a risk cannot be eliminated, the employer must minimize the exposure “to the extent feasible,” including:
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- “engineering controls and redesigning work stations to change shelving heights, provide adjustable fixtures or tool redesign”; and
- “administrative controls, such as job rotation which reduces the exposure to risk factors, reduced work pacing or additional work breaks.”
In addition, a covered employer’s efforts taken to eliminate or reduce risk factors must be recorded. If an employee or the employee’s representative requests a copy of the worksite evaluation, the employer must provide a written copy of the results of the evaluation, at no cost, within one business day of such a request.
Injury Reduction Training
For material handling employees and supervisors, the training should include:
- identification of the early symptoms of musculoskeletal injuries and disorders and the importance of detecting symptoms early;
- musculoskeletal injury and disorder risk factors and exposures in the workplace, including the hazards posed by excessive rates of work;
- musculoskeletal injury and disorder prevention, including both engineering controls and administrative controls, such as limitations on work pace and increased use of scheduled and unscheduled breaks;
- the employer’s risk factor identification and prevention program, including the summary protocols for medical treatment approved by the employer’s medical consultant;
- employees’ right to report risk factors, hazards, injuries, and health and safety concerns; and
- unlawful retaliation and workplace discrimination.
