As previously reported, the New York Health and Essential Rights Act (“HERO Act”), which was enacted on May 5, 2021, mandated new workplace health and safety protections in response to the COVID-19 pandemic. One section of the law requires employers to implement an airborne infectious disease exposure prevention plan based on the model plan provided by the Department of Labor.

The Department of Labor has published a new Airborne Infectious Disease Exposure Prevention Standard and a Model Airborne Infectious Disease Exposure Prevention Plan. Also published are industry-specific Plans for the following industries: Agriculture, Construction, Delivery Services, Domestic Workers, Emergency Response, Food Services, Manufacturing and Industry, Personal Services, Private Education, Private Transportation and Retail. Employers have until August 5th to adopt plans in accordance with the HERO Act.

New York employers must act quickly to comply with the NY HERO Act, including adoption of a prevention plan by the August 5, 2021 deadline. In addition:

• Employers must provide employees with a written copy of the adopted prevention plan by September 4, 2021.
• By November 1, 2021, employers must allow employees to form joint labor-management workplace safety committees.
• Employers must remain informed regarding airborne infectious disease outbreak designations to adhere to the NY HERO Act.

Should you have any questions, please contact ALG.