New York Bill To Provide Warehouse Workers With Protections

In 2022, New York passed the Warehouse Worker Protection Act. Also known as the 2022 WWPA, this law requires covered companies to disclose production quotas to warehouse workers. It also prohibits quotas that would prevent employees from taking breaks as well as retaliation against employees who do not meet an undisclosed quota.

This law was recently extended. The Senate and Assembly have passed the Warehouse Worker Injury Reduction Program, which requires employers to establish an injury reduction program designed to identify and minimize the risks of musculoskeletal injuries and disorders among warehouse workers. It is not yet been delivered to the governor for signature,

The bill states a high injury rate among warehouse workers in New York. The state has a rate of the most serious work-related injuries involving lost time or restricted duty of 7.8 cases per 100 full-time workers. That is more than five times the average rate of these types of injuries for all private industry in New York, at 1.5 cases per 100 full-time workers.

If signed into law, the bill has an effective date of January 1, 2025. “Musculoskeletal injuries and disorders” is defined as work-related injuries or disorders of the muscles, tendons, ligaments, nerves, joints, or cartilage of the upper and lower limbs, neck, and lower back that are caused by sudden or sustained physical exertion and not any instantaneous event, such as a slip, trip, or fall.

Covered employers must implement an injury reduction program designed to identify and minimize the risks of musculoskeletal injuries and disorders among warehouse workers. The program must include worksite evaluation, control of exposures, employee training, employee involvement, and on-site first aid practices.

Covered employers must ensure that each job covered by the bill has a written work site evaluation by a qualified ergonomist for risk factors that are likely to cause musculoskeletal injuries and disorders. Such risk factors include rapid pace, twisting, bending, forceful  exertions, repetitive motions, and awkward postures. These evaluations must be conducted initially and updated every year.

Covered employers must also correct any risk factors identified as being likely to cause musculoskeletal injuries and disorders. For any corrections that require more than 30 days to complete, the employer shall provide a schedule for each proposed correction.

In addition, covered employers must provide injury reduction training to warehouse employees during normal work hours and without suffering a loss of pay. The training must be provided in a language that the workers understand and must be repeated every year.

Contact Us for More Information About Workers’ Compensation Benefits

Warehouse work can be dangerous. It’s important that workers get the protections they need so they can stay safe in the workplace.

A White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon can assist you if you have been injured in the workplace. Our experienced team can help you understand your rights and the benefits. Call (914) 228-1770 or fill out the online form to schedule a consultation.

Source:

nysenate.gov/legislation/bills/2023/A8907/amendment/A