Louisiana’s New Worker Safety Law Adds Planning and Reporting Requirements for Customer Service Employers

Amid a nationwide escalation in workplace violence affecting customer-facing industries, Louisiana’s Behind the Counter Safety Act took effect Aug. 1. It establishes new workplace violence prevention requirements for retail and food service employers.

The act adds Part III to Chapter 3 of Title 23 of the Louisiana Revised Statutes, creating a comprehensive framework of mandatory prevention planning, signage, incident reporting, anti-retaliation protections and criminal penalties.

The Bureau of Labor Statistics attributed 740 workplace fatalities in 2023 to violent acts. More than one in three retail workers now report feeling unsafe on the job, and reports of physical assault in retail settings have increased 22% year-over-year. Louisiana’s new law aims to address this spike and adds requirements for front-of-house establishments.

Who and What Is Covered by the Act?

The act applies to “regulated establishments,” which the law defines as any licensed commercial establishment where employees regularly interact with the public at a service counter or cash register for the sale of goods or food. This includes:

• Convenience stores
• Fast food outlets
• Gas stations with food or retail counters
• Pharmacies
• Restaurants
• Retail stores

The act expressly excludes establishments primarily engaged in office-based or nonpublic-facing operations.

The act defines workplace violence broadly to include any act of violence or credible threat of violence directed at an employee while performing duties at the establishment, including but not limited to assault, battery, robbery, intimidation, verbal abuse, threats with a weapon, or any conduct that places an employee in reasonable fear of physical harm.

This broad definition extends beyond physical attacks to encompass threats and intimidating behavior.

What Does the Act Require?

The act imposes several affirmative obligations on regulated establishments.

Workplace violence prevention plan. Regulated establishments must develop, implement, and maintain a written workplace violence prevention plan, specific to its location and operations, that covers:

• Procedures for identifying and assessing potential risks, such as handling cash payments, working night shifts, working at isolated counters, or working in high-crime areas
• Engineering controls and safety measures, such as panic buttons, bullet-resistant enclosures, adequate lighting, clear sight lines to entrances and exits, video surveillance, drop safes to limit accessible cash, time-delay safes, and audible alarms
• Administrative controls, including employee training on de-escalation, recognizing warning signs, emergency procedures and response protocols
• A system for incident reporting, investigation and corrective action
• Procedures for post-incident support, including access to counseling or leave

Employers must review and update their prevention plans at least annually and after any significant incident. All employees, including temporary and part-time workers, must receive orientation and annual training.

Mandatory signage. Each regulated establishment must display at least one sign in a conspicuous location visible to the public near the entrance and counter area. The sign must be at least eleven inches tall by eighteen inches wide and contain a warning statement accessible through LA Works.

Incident reporting. Regulated establishments must report any instance of workplace violence to local law enforcement and to their internal reporting system. If an incident results in an injury, involves a weapon, or poses an immediate threat to safety, the establishment must also notify Louisiana Works as soon as practicable, but no later than 24 hours after the incident. Louisiana Works will maintain aggregated, anonymized data on all reported incidents.

Anti-retaliation protections. The act prohibits regulated establishments from discharging, demoting, suspending, threatening, harassing or otherwise retaliating against any employee for good-faith reporting of workplace violence, cooperating in an investigation, or participating in prevention activities.

How Will the Act Be Enforced?

LA Works is authorized to inspect regulated establishments for compliance, to issue citations for violations, and to promulgate rules and regulations as necessary for implementation. In addition, LA Works will develop, publish and maintain public information on workplace violence in retail and food service establishments on its website, including:

• Best practices
• Toolkits
• Resources from OSHA and NIOSH
• Model policies
• Workplace violence prevention plan checklists
• Downloadable signage
• Portal to anonymously report noncompliance

The act also creates criminal penalties for unlawful disruption of the operation of a regulated establishment. Offenders may be fined up to $1,000 or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both.

What Should Regulated Establishments Do Now?

With the act now in effect, Louisiana employers operating regulated establishments should take the following steps:

• Develop or update workplace violence prevention plans. Employers with multiple locations should ensure each plan is tailored to the specific conditions at that site.
• Post compliant signage. Employers should obtain and display the required notice in conformity with the act’s specifications.
• Establish or refine incident reporting procedures. Ensure systems are in place to report workplace violence incidents to law enforcement, the employer’s internal system, and Louisiana Works within the required timeframes.
• Train employees. All workers, including temporary and part-time employees, must receive orientation and annual training on the workplace violence prevention plan.
• Review anti-retaliation policies. Employers should confirm that their policies prohibit retaliation against employees who report workplace violence in good faith and should communicate these protections to their workforce.

Employers should also monitor the Louisiana Works website for new guidance materials, model checklists and rulemaking activity as the department implements the act.

Contact Andrew Albritton or any member of the Phelps labor and employment team with questions.