What is the New York Warehouse Worker Injury Reduction Program?

Effective June 1, 2025, New York state’s amended Warehouse Worker Protection Act (Section 789) requires large warehouse operators to implement a comprehensive Injury Reduction Program aimed at preventing musculoskeletal disorders (MSDs). Since covered employers were required to have a qualified ergonomist complete an initial worksite ergonomic exposure risk assessment by June 19, some worksites may already be out of compliance. 

Initial ergonomic evaluations are considered necessary to identify potential exposure risks so actions can be taken to reduce musculoskeletal disorders (MSDs), a common, costly work-related complaint in workplace where jobs require manual material handling. Outside of New York, the legislation has grabbed national attention because it may be a model for other states. 

What is the Regulation?

The regulation is cited in the Consolidated Laws of New York as Section 789 – Injury Reduction Program, Chapter 31 Labor, Article 21A. It is an amendment to the state’s Warehouse Worker Protection Act, which was passed in 2022. A key provision of the legislation is a requirement for covered employers to implement a Warehouse Worker Injury Reduction Program (WWIRP). 

Who is Covered?

The regulation applies to employers with: 

• 100+ employees at a single New York warehouse distribution center 
• 1,000+ employees across multiple New York warehouse facilities 
• It includes coverage for those who deliver goods 

Applicable North American Industry Classification System (NAICS) codes are: 

• 493: Warehousing and Storage (excludes 493130- Farm Product Warehousing and Storage) 
• 423: Merchant Wholesalers, durable goods 
• 424: Merchant Wholesalers, non-durable goods 
• 454: 110 – Electronic Shopping, Mail-Order houses 
• 492: 110 – Couriers, Express Delivery Services 

What Are the Consequences for Non-Compliance?

Non-compliance with the Warehouse Worker Protection act can result in civil penalties of at least $2,500 per violation and potential criminal charges in serious cases. Costly lawsuits and damage to reputation are also potential consequences. 

What is Required Under Section 789?

Covered employers are required to:

1.   Establish and implement an Injury Reduction Program designed to identify and minimize the risks of work-related MSDs for workers who perform manual material handling tasks. The program must include:

• Worksite evaluations
• Control of exposures, including ergonomic risk factors
• Employee training
• On-site medical and first aid practices
• Employee/union involvement

2.   Employers are advised against using quotas to boost production because they may increase MSD exposure risk.

• Ensure that each job, process, shift, or operation or a representative number of jobs, processes, shifts, or operations are addressed This includes:
• A written worksite evaluation performed by a “competent person” for risk factors which have or are likely to cause work-related MSDs, e.g., rapid pace, forceful exertion, extreme or static posture, repetitive motion, direct pressure, contact stress, vibration, extreme temperatures.
• A determination on whether employees are subject to potential adverse employment actions in connection with production quotas.
• Input from affected workers on ways to reduce MSD risk factors.
• Making written worksite evaluations available to workers and their representatives on request, at no cost, within one business day of the request, with copies kept at warehouses for employees to access.
• Annual review and updates of worksite evaluations, or assessment within 30 days of implementing a new job, process, or operation that could increase injury risk.

A noteworthy aspect of the regulation is that an evaluation must be reviewed by a board-certified ergonomist when an employee-led committee (safety or type of committee) makes a written request to the employer based on a material concern related to the findings of a competent person.

3.     In a timely manner, document and correct any risk factors identified as having caused or being likely to cause work-related MSDs. For corrections that require more than 30 days to complete, the employer must provide a schedule for completion. When risk factors cannot be eliminated, the employer must demonstrate efforts to minimize exposures to the extent feasible. That may include engineering controls, workstation adjustments, changes in tools, and/or administrative controls, such as job rotation.

4.     Provide annual injury reduction training to all affected employees and their supervisors during normal work hours, without loss of pay. The training must be provided in languages and formats suitable for the population. Topics include:

• Early symptoms of MSDs and the importance of early detection
• Ergonomic risk factors and MSD prevention measures
• Explanation of the employer’s plans to prevent MSDs
• Summary of medical treatment protocols approved by the employer’s medical consultant
• Rights and functions of workplace safety committees
• Employers’ rights of enforcement and employee protections for unlawful retaliation

For onsite medical and first-aid care, employers must:

5.     Ensure that on-site clinics where workers are treated for MSD symptoms are staffed by qualified medical professionals operating within their legal scope of practice. All examinations and treatments must be performed by medical personnel employed or selected by the employer under Section 781 – without delay – and solely for injury reduction purposes. Under Section 13 of New York’s workers’ compensation law, employees are still allowed to select an authorized physician for work-related injury care. On-site medical and first aid providers must be familiar with worksite exposure risks and observe workers while they are performing manual material handling tasks.  

6.     Retain a medical consultant who is licensed to practice in New York and board-certified in occupational medicine to review MSD cases. The employer must obtain a written evaluation from the consultant that complies with approved medical treatment protocols that cover all aspects of on-site medical and first aid practices. The consultant’s role includes early symptom detection and recommendations for temporary work restrictions. The consultant must review protocols annually and recommend changes, as appropriate.

In addition, covered employers confer with employees and their designated representatives when developing and implementing injury reduction strategies.

What Are the Key Requirements of the Warehouse Worker Injury Reduction Program (WWIRP)?

The WWIRP must include:

• A written worksite evaluation that identifies and assesses ergonomic risk factors that are likely to cause work-related musculoskeletal disorders.
• Actions taken by the employer to limit and reduce the workplace factors and conditions that may cause work-related musculoskeletal disorders.
• Injury reduction training for employees and supervisors.
• On-site medical and first aid practices.
• Feedback and input from employees during development and implementation.

Need Help Navigating WWIRP Requirements?

WorkCare’s team of experts is ready to support your compliance journey from ergonomic assessments and training to on-site clinical staffing and documentation audits.

We’ll help you build a worker-centered Injury Reduction Program that not only meets NY Section 789 standards but also improves team health, safety, and performance. Let’s talk.