NY HERO Act: Employers Need to Act by August 5th

Lisa M. Brauner and Mana Kinoshita published a client alert, “NY HERO Act: Employers Need to Act by August 5th.”

On May 5, 2021, Governor Andrew Cuomo signed into law the first-of-its-kind Covid-19 workplace safety law known as the New York Health and Essential Rights Act (S.1034-A/A.2681-B) (“HERO Act”).  The HERO Act amends New York’s Labor Law (Section 218-b), requiring employers to implement a workplace safety and health plan to prevent exposure to airborne infectious diseases.  The law underwent a number of amendments, effective June 11, 2021, including requiring the New York State Department of Labor (“NYSDOL”) and Department of Health to issue a model airborne infectious disease exposure prevention plan and standards for employers, which was published on July 6, 2021.

By August 5, 2021, all employers with a worksite in New York State are required to adopt an airborne infectious disease exposure prevention plan to eliminate or minimize employee exposure to airborne infectious agents in the event of an outbreak of an airborne infectious disease (“Plan”)—either by adopting the model plan promulgated by the NYSDOL or creating an alternative plan that meets or exceeds the model plan’s requirements. 

Click here to read the full alert.

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