SLS 25RS-381 ORIGINAL 2025 Regular Session SENATE BILL NO. 223 BY SENATOR BOUIE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. EMPLOYMENT. Establishes the Retail Service Worker Health and Safety Act. (8/1/25) 1 AN ACT 2 To enact Chapter 5-B of Title 23 of the Louisiana Revised Statutes of 1950, to be comprised 3 of R.S. 23:491 through 497, relative to workplace health and safety; to create the 4 Retail Service Worker Health and Safety Act; to provide relative to workplace 5 training; to provide definitions; to provide exceptions; and to provide for related 6 matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. Chapter 5-B of Title 23 of the Louisiana Revised Statutes of 1950, 9 comprised of R.S. 23:491 through 497, is hereby enacted to read as follows: 10 CHAPTER 5-B. RETAIL SERVICE WORK ER 11 HEALTH AND SAFETY ACT 12 §491. Short title; citation 13 This Chapter shall be known and may be cited as the "Retail Service 14 Worker Health and Safety Act". 15 §492. Declaration of public policy 16 The legislature finds and declares that violence against retail workers is 17 a growing problem in Louisiana. From verbal harassment to physical violence, Page 1 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 223 SLS 25RS-381 ORIGINAL 1 retail workers are on the front lines of violence in our society. Given that retail 2 stores offer essential necessities to the public, this violence is also a threat to 3 public health and safety. The legislature strongly encourages retail employers 4 to take responsibility for the health and safety of their employees by conducting 5 risk assessments of their workplace and training their employees on how to 6 respond to harassment and potentially violent situations. 7 §493. Definitions 8 (1) "Employer" means any person, entity, business, corporation, 9 partnership, limited liability company, or an association employing at least ten 10 retail workers. "Employer" does not include the state, any political subdivision 11 of the state, a public authority, or any other government agency or 12 instrumentality. 13 (2) "Employee" means a retail worker working for an employer. 14 (3) "Panic button" means a physical button that when pressed 15 immediately dispatches local law enforcement to the workplace. 16 (4) "Retail store" means a store that sells consumer commodities at retail 17 and which is not primarily engaged in the sale of food or consumption on the 18 premises. 19 (5) "Workplace" means any location away from an employee's domicile, 20 permanent or temporary, where an employee performs any work-related duty 21 in the course of his or her employment by an employer. 22 §494. Risk evaluation and determination 23 A. Each employer shall evaluate its workplace to determine the presence 24 of factors or situations in the workplace that might place employees at risk of 25 workplace violence. Examples of such factors include: 26 (1) Working late night or early morning hours. 27 (2) Exchanging money with the public. 28 (3) Working alone or in small numbers. 29 (4) Uncontrolled access to the workplace. Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 223 SLS 25RS-381 ORIGINAL 1 (5) Areas with previous security problems. 2 B. Each employer shall develop and implement a written workplace 3 violence prevention program for its workplace that includes: 4 (1) Making high-risk areas more visible to more people. 5 (2) Installing external lighting. 6 (3) Using drop safes or other methods to minimize cash on hand. 7 (4) Posting signs stating that limited cash is on hand. 8 (5) Providing employee training. 9 (6) Establishing and implementing reporting systems for incidents of 10 workplace violence. 11 §495. Employee information and training 12 A. Each employer shall make its written workplace violence prevention 13 program available upon request to employees, their designated representatives, 14 and to the secretary of the Louisiana Workforce Commission. New hires shall 15 be provided a copy of the written program upon hire. 16 B. Each employer shall provide employees with the following workplace 17 information and training on the risks of workplace violence in the workplace at 18 the time of their initial assignment and annually thereafter: 19 (1) Employees shall be informed of the requirements of this Section, the 20 risk factors in the workplace, and the location and availability of the written 21 workplace violence prevention program required by this Section. 22 (2) Employee training shall include de-escalation tactics, active shooter 23 drills, measures employees can take to protect themselves from risks identified 24 in the written workplace violence prevention program, including specific 25 procedures the employer has implemented to protect employees, including 26 appropriate work practices, emergency procedures, use of security alarms, 27 panic buttons and other devices, dealing with harassment and violence from 28 customers and coworkers, and any other risk factors identified by this Section. 29 §496. Documentation of workplace violence Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 223 SLS 25RS-381 ORIGINAL 1 A. Each employer shall document each incident of workplace violence 2 and shall maintain a copy of each incident. Each employer shall review the 3 number and scope of workplace incidents annually and make changes to the 4 risk factors as necessary and appropriate. 5 B. Each employer of fifty or more retail workers shall install panic 6 buttons at easily accessible locations throughout the workplace. 7 C. An employer that has experienced a certain number of violent 8 incidents in the workplace in a given period of time, as determined by the 9 secretary of the Louisiana Workforce Commission, shall be required to employ 10 a security guard who is present at the workplace during hours of operation. 11 §497. Regulations 12 The Louisiana Workforce Commission is hereby authorized to 13 promulgate rules and regulations pursuant to the provisions of the 14 Administrative Procedures Act necessary for the implementation of the 15 provisions of this Chapter. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services. The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] DIGEST SB 223 Original 2025 Regular Session Bouie Proposed law establishes the "Retail Service Worker Health and Safety Act". Proposed law defines "employer", "employee", "panic button", "retail store", and "workplace". Proposed law requires employers to determine the presence of factors in the workplace that may place employees at risk of workplace violence. Proposed law requires employers to develop and implement a written workplace violence prevention program that includes: (1)Making high-risk areas more visible to more people. (2)Installing external lighting. (3)Using drop safes or other methods to minimize cash on hand. (4)Posting signs stating that limited cash is on hand. (5)Providing employee training. Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 223 SLS 25RS-381 ORIGINAL (6)Establishing and implementing reporting systems for incidents of workplace violence. Proposed law requires employers to provide annual training on the risks of workplace violence. Proposed law requires employers who have experienced a certain number of violent incidents in the workplace, as determined by the secretary of the La. Workforce Commission, to hire a security guard who will be present during hours of operation. Proposed law provides that the state of Louisiana, a political subdivision of the state of Louisiana, a public authority, or any other government agency or instrumentality are not considered "employers" for purposes of proposed law. Proposed law authorizes the La. Workforce Commission to promulgate rules and regulations pursuant to the provisions of the Administrative Procedure Act that may be necessary for the implementation of the provisions of proposed law. Effective August 1, 2025. (Adds R.S. 23:491-497) Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.