Update on New York State HERO Act: Mask Mandate Lifted and New Model Template Issued for Airborne Infectious Disease Prevention Control
On February 18, 2022 by Schnader in Labor and EmploymentLisa M. Brauner published a client alert, “Update on New York State HERO Act: Mask Mandate Lifted and New Model Template Issued for Airborne Infectious Disease Prevention Control.”
Cases of the Omicron variant of Covid-19 are finally declining in New York State and, consequently, effective February 10, 2022, the indoor mask-or-vaccination requirement for businesses in New York State has been lifted. The requirement is still mandated in hospitals, nursing homes, shelters, public transportation and related entities. Masking is still required in public schools. Additionally, cities like New York City continue to require masking and proof of vaccination for members of the public (and employees) in certain indoor public venues like restaurants, museums, public transportation, and other public settings. The U.S. Supreme Court has also upheld the vaccination requirement for New York City’s public school teachers despite legal challenges based on sincerely held religious beliefs.
Also effective February 10, 2022, consistent with the Governor’s lifting of the indoor mask mandate, the New York State Department of Labor (“NYSDOL”) updated its model template for the airborne infectious disease exposure prevention control plan for all private sector employers (nonprofits and for-profits) with a physical presence in New York State, under the New York Health and Essential Rights Act (“HERO Act”).