New York State expands oversight over certain warehouse employers

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The New York State Legislature passed several laws in the past few years related to the protection of warehouse workers. The legislature passed the first major law known as the Warehouse Worker Protection Act (WWPA) in June 2022, and the governor signed it into law in December 2022. The Legislature believed that the WWPA was necessary because, among other things, warehouse workers faced what they believed to be a higher risk of developing a serious workplace injury. In the aftermath of the WWPA, on Dec. 21, 2024, Gov. Kathy Hochul signed the Warehouse Worker Injury Reduction Act (the “Act”) into law. Again, the Legislature believed that the Act was necessary to account for the fact that warehouse workers purportedly faced an increased likelihood of being seriously injured at work. However, this time the Act emphasized the need for employers to focus on ways to prevent or limit musculoskeletal injuries in the workplace.

The Act, effective on June 1, 2025, requires warehouse 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 State to develop formal injury reduction programs, train employees on ways to reduce injuries, and work with their employees who perform “manual materials handling tasks” to help identify and minimize the risks of musculoskeletal injuries in the workplace. Additionally, by June 19, 2025, covered employers must enlist the help of a qualified ergonomist to provide an evaluation of risk factors that cause or are likely to cause musculoskeletal injuries.

A key element of the Act is the employer requirement to develop an injury reduction program. An employer’s injury reduction program must include the following: (1) a worksite evaluation that is reviewed and updated annually; (2) control of exposures, including pace, that have caused or have the potential to cause musculoskeletal injuries and disorders; (3) employee training; (4) on-site medical and first aid practices; and (5) employee involvement in the development of the program.

A central aspect of the worksite evaluation component of the program requires, among other things, an applicable employer to engage 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 of risk factors that have caused or are likely to cause musculoskeletal injuries and disorders. When a risk factor is identified, employers are responsible for correcting them within 30 days of identification, or otherwise revise its corrective action, as needed, and provide a schedule for proposed corrections. If a risk factor cannot be eliminated entirely, employers must minimize exposure to the risk factor, to the extent feasible.

With respect to the control of exposures requirement, employers must consider engineering and administrative controls, including, for example, redesigning workstations, providing adjustable fixtures, redesigning tools, rotating jobs, reducing work pacing, or providing additional work breaks and must document any actions taken.

The Act also requires employers to provide annual injury reduction training to all employees and supervisors involved in performing manual materials handling jobs and tasks at the worksite. Such training must include the following: (1) early symptoms of musculoskeletal injuries and disorders; (2) the importance of detecting symptoms early; (3) musculoskeletal injury and disorder risk factors and exposures at work, including the hazards posed by excessive rates of work; (4) methods to reduce risk factors for musculoskeletal injuries and disorders, including both engineering and administrative controls; (5) the employer’s program to identify risk factors as required under the Act, including the summary protocols for medical treatment approved by the employer’s medical consultant; (6) the rights and function of workplace safety committees; (7) the rights of employees to report any risk factors, other hazards, injuries or health and safety concerns; and (8) training on unlawful discrimination, retaliation of any provision in the Act, and the potential discipline when the Act is violated.

Another component of the Act requires warehouses with on-site medical or first aid stations that treat musculoskeletal injuries and disorders to be staffed according to New York State supervision requirements and with medical professionals operating within their legal scope of practice. Employees may separately be treated by an authorized physician of their choosing. However, where an employer has on-site medical or first aid providers, the employer is required to consult with a medical consultant who is New York State and Board Certified in occupational medicine to obtain a written evaluation of the on-site medical or first aid provider program and protocols followed in the warehouse. The evaluation shall include recommendations to ensure employer compliance with accepted medical practices related to the staffing, supervision, and documentation of medical treatment protocols and a summary of treatment protocols suitable for patients covering all aspects of the on-site medical and first aid practices.

Finally, the required injury reduction program must have a means of employee involvement. Specifically, employers must ensure that employees and their designated representatives are consulted both before and during the development and implementation of all aspects of the program. Additionally, employers must obtain recommendations from employees who regularly perform manual materials handling jobs and tasks regarding possible risk factors and workplace changes that can reduce risk factors.

Complying with the Act will likely take significant time and effort. Employers covered by the Act should start working with ergonomists, evaluating their worksites, and taking steps to develop their injury reduction program.

Matthew Holmes is an Associate for Littler based in Rochester. Maayan Deker is Of Counsel for Littler based in New York.