New Employer Obligations Under NY’s Warehouse Worker Injury Reduction Program, by Keith J. Gutstein, Esq. and Solomon Abramov, Esq., 6-17-2025
Certain employers with large warehouse operations in New York face new obligations to establish and implement comprehensive injury reduction programs aimed at minimizing musculoskeletal injuries among warehouse workers.
The Warehouse Worker Injury Reduction Program, which became effective June 1, 2025 via amendments to the labor law (Sections 780 and 786), is intended to reduce the most common type of work-related serious injury reported by employers in the warehouse sector–musculoskeletal injuries.
Who Is Affected?
The law applies to employers covered by the Warehouse Worker Protection Act (WWPA) who directly or indirectly:
- Employ 100 or more employees at a single warehouse distribution center, or,
- Employ 1,000 or more employees across all warehouse distribution centers in New York State.
Key Requirements for Compliance
Covered employers must establish and implement a formal injury reduction program designed to identify and minimize the risk of musculoskeletal disorders to workers who perform manual tasks handling materials in the workplace. Employers should evaluate their workplaces for such tasks, which could include lifting, lowering, pushing, pulling, carrying, holding, or restraining objects, according to a DOL overview. The injury reduction program must include:
- Worksite Evaluation
A written worksite evaluation that identifies and assesses ergonomic risk factors which have or are likely to cause work-related musculoskeletal disorders. This initial evaluation must be done by a “qualified ergonomist” by June 19, 2025. Evaluations must be reviewed and updated at least annually. Employers must provide copies of the worksite risk factor evaluations to employees upon request within one business day.
- Control of Exposures
Employers must correct in a timely manner any risk factors identified as having caused or being likely to cause musculoskeletal injuries and disorders. Where the employer demonstrates that it is unable to eliminate identified risk factors, they must minimize the exposures to the extent feasible.
- Employee Training
Covered employers must provide injury reduction training to all employees involved in performing manual materials handling jobs and tasks at the warehouse during normal work hours and without suffering a loss of pay. The training must be provided in a language and vocabulary that workers understand and repeated annually. It should cover early symptoms of musculoskeletal injuries and disorders, risk factors, methods to reduce risk factors, the employer’s injury reduction program, and employees’ rights regarding workplace safety.
- On-Site Medical and First Aid Practices
If an on-site medical office or first aid station sees workers for musculoskeletal injuries, it must be staffed with qualified medical professionals. Employers must consult with a licensed medical consultant (licensed by NYS 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 for identification and treatment of musculoskeletal injuries and disorders and include recommendations to ensure compliance with accepted medical practice of the staffing, supervision and documentation of medical treatment protocols.
- Employee Involvement
Employers must consult with employees and their designated representatives both before and during the development and implementation of all aspects of the injury reduction program.
Penalties for Noncompliance
Failure to comply with the Warehouse Worker Protection Act and its amendments may result in civil penalties and enforcement action by the NYS Department of Labor or Attorney General. Employers are also prohibited from retaliating against workers who report health and safety concerns.
Action Steps for Employers
To ensure compliance with the law, warehouse employers should consider:
- Engaging a qualified ergonomist to conduct worksite evaluations
- Developing a plan to address identified risk factors and establish timelines for corrections
- Organizing and scheduling injury reduction training sessions for all relevant employees
- Reviewing and, if necessary, enhancing on-site medical and first aid practices to meet the new requirements
- Implementing a system to incorporate employee feedback into the injury reduction program
Kaufman Dolowich will continue to monitor developments.
Authors: Keith J. Gutstein, Chair of KD’s Labor and Employment Law Practice Group and Co-Managing Partner of the Long Island Office and Partner Solomon Abramov
