On December 21, 2024, Governor Kathy Hochul signed the Warehouse Worker Injury Reduction Act (the “Act”) into law. This law, which will go into effect 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 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.

Injury Reduction Program

A covered employer’s injury reduction program is supposed to identify and minimize the risks of “musculoskeletal injuries and disorders” among employees involved in performing “manual materials handling tasks.” The Act defines “musculoskeletal injuries and disorders” as work-related injuries or disorders of the muscles, nerves, tendons, ligaments, joints, cartilage of the upper and lower limbs, neck and lower back (including spinal discs) that: (a) are caused by sudden or sustained physical exertion; or (b) are not the result of any instantaneous non-exertion event, such as a slip, trip, or fall. “Manual materials handling tasks” is not defined under the Act.

Five components must be included in a covered employer’s injury reduction program:

1. Worksite evaluation;
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.

Worksite Evaluation

A central aspect of the worksite evaluation component requires a covered 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. The Act notes that the evaluation shall include, but not be limited to, the following risk factors: rapid pace; forceful exertions; repetitive motions; twisting; bending; and awkward postures and combinations thereof that caused or are likely to cause musculoskeletal injuries and disorders. The evaluation is also supposed to determine whether any employees exposed to such risk factors are subject to either personnel action with the potential for adverse action, adverse action, or termination of employment, arising in whole or in part from an employer’s use of quotas to determine employee assignments.

Evaluations required under the Act must be reviewed and updated annually. When reviewing evaluations, covered employers must identify new risk factors whenever a new job, process, or operation is introduced that could increase the risk factors for musculoskeletal injuries. Employees and their representatives can request to view the evaluations, and covered employers must provide them to employees for viewing at no cost and within one business day of such request.

A covered employer must correct a risk factor within 30 days of its identification. If that cannot be done, the employer must revise its corrective action, as needed, and provide a schedule for proposed corrections. Such schedule shall be included in the evaluations provided to employees and their representatives. If a covered employer demonstrates that it is unable to eliminate the risk factor, the Act requires the employer to minimize exposure to the risk factor to the extent feasible.

Control of Exposures

With respect to the control of exposures requirement, covered employers must consider engineering controls, redesign workstations, provide adjustable fixtures, or redesign tools. Administrative controls, such as job rotation, reduced work pacing, or additional work breaks must also be considered. Covered employers must document any actions taken to control exposures and minimize risks. The Act requires employers to provide these records to employees and their representatives upon request.

Injury Reduction Training

Covered employers must also provide injury reduction training to all employees involved in performing manual materials handling jobs and tasks at the worksite, during normal work hours and without any loss of pay. Such training must include the following:

• The early symptoms of musculoskeletal injuries and disorders and the importance of detecting symptoms early;

• Musculoskeletal injury and disorder risk factors and exposures at work, including the hazards posed by excessive rates of work;

• 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;

• The employer’s program to identify risk factors as required under the Act and prevent musculoskeletal injuries and disorders, including the summary protocols for medical treatment approved by the employer’s medical consultant;

• The rights and function of workplace safety committees and the rights of employees to report any risk factors, other hazards, injuries or health and safety concerns; and

• Training on unlawful retaliation of any provision in the Act, including the disciplinary actions required when supervisors violate the Act or policy, as well as the employer’s policy prohibiting any workplace discrimination.

Training required under the Act shall be provided in a language and vocabulary that employees understand and shall be provided annually. Covered employers must also provide training to supervisors.

Medical and First Aid Station Staffing

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. On-site medical professionals are required to observe, in person, the jobs involving manual materials within the warehouse and all risk factors identified in the evaluation conducted by the medical consultant. However, nothing in the Act infringes on the rights of employees to be treated by an authorized physician of their choosing.

Where an employer has on-site medical or first aid providers for the treatment of musculoskeletal injuries and disorders, the covered employer must consult with a medical consultant who is licensed by 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. Additionally, the covered employer shall obtain from the medical consultant a summary of treatment protocols suitable for patients covering all aspects of the on-site medical and first aid practices, ranging from early detection of musculoskeletal injuries and disorders through evaluation by a qualified physician and physician provision of work restrictions in languages understood by the employees. The evaluation and protocols must be reviewed annually, and changes must be recommended as needed.

Employee Involvement

Finally, the required injury reduction program must have a means of employee involvement. Specifically, covered 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. Covered employers are required to obtain recommendations from employees who regularly perform manual materials handling jobs and tasks on 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.