All Employers Must Have Infectious Disease Prevention Plan by 8/5/21 per NYS Law

On May 5, 2021 Governor Cuomo signed The New York Health and Essential Rights Act (NY HERO Act). The NY Hero Act mandates that all private employers with employees and worksites in New York State must adopt an airborne infectious disease exposure prevention plan by August 5, 2021.

The law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. The purpose of the NY HERO Act is to protect employees against exposure and disease during a future airborne infectious disease outbreak.

Under this new law, the New York State Department of Labor (NYS DOL), in consultation with the NYS Department of Health, has developed a new Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan, and various industry-specific model plans for the prevention of airborne infectious disease. Employers can choose to adopt the applicable policy template/plan provided by NYS DOL or establish an alternative plan that meets or exceeds the standard’s minimum requirements.

The airborne infectious disease exposure prevention plans must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health.

Employers are required to provide a copy of the adopted airborne infectious disease exposure prevention plan and post the same in a visible and prominent location within each worksite.

Templates and resources are available on the NYS Department Of Labor website by clicking HERE.

DOL will be sharing more details about this law in the near future. Please check their website for updates.