New York State Department of Health

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Earlier this year, New York lawmakers passed a novel, sweeping overhaul of the State’s workplace health and safety laws. Known as the HERO Act, the law is intended to “to protect employees against exposure and disease during a future airborne infectious disease outbreak.”

Among other things, the HERO Act requires that the New York State Department of Labor (NYSDOL) create written model airborne infectious disease exposure prevention standards to cover Empire State workplaces. More particularly, the NYSDOL is tasked with creating separate model standards for (i) industries representing a significant portion of the workforce, or those with unique characteristics requiring distinct standards, as well as (ii) all worksites that are not included in the specific industry standards.

The NYSDOL’s publication of the model standards is important for a host of reasons, including because all New York employers – regardless of size, industry, or location – will then have 30 days from the date on which the NYSDOL publishes the model written standards, to establish their own airborne infectious disease exposure plan. This requirement can be satisfied by adopting the NYSDOL’s model standards (as applicable based on industry), which it is expected that many, if not most, New York employers will do. (The requirement can also be satisfied by instead adopting an alternative plan that meets or exceeds the NYSDOL’s standards.)

To that end, earlier today, the NYSDOL, in consultation with the New York State Department of Health, issued the long-awaited Airborne Infectious Disease Exposure Prevention Standard, Model Airborne Infectious Disease Exposure Prevention Plan, and various industry-specific model plans for the prevention of airborne infectious disease. The specific industries covered are agriculture, construction, delivery services, domestic workers, emergency response, food services, manufacturing and industry, personal services, private education, private transportation, and retail. All of the materials can be accessed here.Continue Reading BREAKING: New York Labor Department unveils guidance on HERO Act, starting the clock for all Empire State employers to adopt airborne infectious disease exposure plans

As we have reported, since March, New York State has implemented a variety of measures to limit the spread of COVID-19 and to protect workers during the pandemic. These measures include essential business designations, limiting in-person work, paid leave for certain employees impacted by COVID-19, phased reopening of nonessential businesses, mandatory health and safety protocols, and requiring a business reopening safety plan. The New York State Department of Labor (NYSDOL) is charged with enforcing many of these measures with which all New York businesses have been and are required to comply.

With many regions now in “Phase Three” of the state’s reopening scheme, the NYSDOL will likely begin auditing employers and investigating complaints to ensure that businesses are complying with New York’s many COVID-19 regulations. For example, the NYSDOL may request from employers an explanation or documentation of the health and safety measures in place at their in-person places of business. In addition, the NYSDOL may inquire as to whether employees have contracted COVID-19 and, if so, what protocols businesses implemented as a result.
Continue Reading Reminder to New York employers: the New York State Department of Labor will be enforcing COVID-19 regulations