Louisiana HB 422: LABOR: Enacts the Behind the Counter Safety Act (OR SEE FISC NOTE GF EX)

Bill Text

HLS 26RS-635 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 422
BY REPRESENTATIVE MCMAKIN
LABOR: Enacts the Behind the Counter Safety Act
1 AN ACT
2 To enact Part III of Chapter 3 of Title 23 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 23:271 through 278, relative to workplace violence in retail and
4 food service establishments; to establish the Behind the Counter Safety Act; to
5 provide definitions; to provide for workplace violence prevention plans; to require
6 signage; to require incident reporting; to provide for the dispensing of public
7 information and resources on workplace violence; to prohibit retaliatory practices for
8 reporting workplace violence; to provide for enforcement; to provide for penalties;
9 and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. Part III of Chapter 3 of Title 23 of the Louisiana Revised Statutes of 1950,
12 comprised of R.S. 23:271 through 278, is hereby enacted to read as follows:
13 PART III. BEHIND THE COUNTER SAFETY ACT
14 §271. Short Title
15 This Part shall be known and may be cited as the "Behind the Counter Safety
16 Act".
17 §272. Definitions
18 As used in this Part, the following terms have the meanings ascribed to them:
19 (1) "Department" means Louisiana Works.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 26RS-635 ORIGINAL
HB NO. 422
1 (2)(a) "Regulated establishment" means any retail store, convenience store,
2 pharmacy, restaurant, fast food outlet, gas station with a food or retail counter, or
3 other licensed commercial establishment in this state where employees regularly
4 interact with the public at a service counter or cash register for the sale of goods or
5 food for consumption on or off premises.
6 (b) "Regulated establishment" does not include establishments primarily
7 engaged in office-based or nonpublic-facing operations and regulated entities as
8 provided for in R.S. 40:2199.11 et seq.
9 (3) "Workplace violence" means any act of violence or credible threat of
10 violence, including but not limited to assault, battery, robbery, intimidation, verbal
11 abuse, threats with a weapon, or any conduct that places an employee in reasonable
12 fear of physical harm, directed at the employee while performing duties at the
13 establishment.
14 §273. Workplace violence prevention plans; requirements
15 A. Each regulated establishment shall develop, implement, and maintain a
16 written workplace violence prevention plan specific to its location and operations.
17 B. The workplace violence prevention plan shall include, at a minimum, all
18 of the following:
19 (1) Procedures for identifying and assessing potential risks that may lead to
20 workplace violence, such as handling cash payments, working night shifts, working
21 at isolated counters, or working in high crime areas.
22 (2) Engineering controls and safety measures, such as panic buttons, bullet-
23 resistant enclosures, adequate lighting, clear sight lines to entrances and exits, video
24 surveillance, drop safes to limit accessible cash, time delay safes, and audible alarms.
25 (3) Administrative controls, such as employee training on de-escalation,
26 recognizing warning signs, emergency procedures, and response protocols.
27 (4) A system for incident reporting, investigation, and correction action.
28 (5) Procedures for post-incident support, including access to counseling or
29 leave.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 26RS-635 ORIGINAL
HB NO. 422
1 C. Each regulated establishment shall review and update its workplace
2 violence prevention plan at least annually and after any significant incident.
3 D. All employees, including temporary and part-time employees, shall
4 receive orientation and annual training on the workplace violence prevention plan.
5 §274. Signage required
6 A. Each regulated establishment shall display at its premises at least one sign
7 that conforms to the specifications of Subsection B of this Section and contains the
8 following statement in forty-eight boldface font:
9 "WARNING: Violence, threats, or abuse against an employee is a crime and will not be
10 tolerated. Such acts may result in arrest and felony conviction under Louisiana law."
11 B. Each sign displayed in accordance with the requirements of this Section
12 shall conform to all of the following specifications:
13 (1) The sign shall be posted in a conspicuous location and visible to the
14 public near the entrance and counter area.
15 (2) The sign shall be at least eleven inches tall by eighteen inches wide.
16 §275. Incident reporting required
17 A. Each regulated establishment shall report any instances of workplace
18 violence to local law enforcement and to its internal reporting system as provided in
19 the workplace violence prevention plan.
20 B. If the incident results