On September 6, 2021, New York Governor Kathy Hochul designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights (HERO) Act. This designation means that all New York employers must activate the workplace safety plans that they developed under the HERO Act standards. The workplace safety plan can be based on the model plan jointly developed by the New York State Department of Health and the New York State Department of Labor. Employers can also develop their own plans, subject to certain minimum requirements.
On July 6, 2021, the New York State Department of Labor (NYSDOL) published its Airborne Infectious Disease Exposure Prevention Standard (Standard), as required under the New York Health and Essential Rights (HERO) Act. Under the Standard, employers with worksites located in New York are required to either adopt the NYSDOL’s model exposure prevention plan or develop their own alternative prevention plan no later than August 5, 2021, and circulate their plan to employees no later than September 4, 2021.
According to McDermott’s Lindsay Ditlow, Christina S. Dumitrescu and Abigail M. Kagan, employers must adopt a prevention plan but are not required to implement the plan until the New York State Commissioner of Health (Commissioner) designates an airborne disease as a “highly contagious communicable disease that presents a serious risk of harm to the public health.” As of the date of this alert, the Commissioner has not issued any such designation so employers need not implement their plans just yet.
Subscribe
