New York Employers Now Required to Implement HERO Plans

This week, the New York State Commissioner of Health was directed by New York Governor Kathy Hochul to designate COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health. This designation means that New York employers are now required to implement their HERO Plans.

New York State’s Health and Essential Rights Act (NY HERO Act) was passed to prevent occupational exposure to airborne infectious diseases. The NY HERO Act covers all private employers in the state. The Act was signed into law on May 5, 2021, and was amended on June 11, 2021.

The NY HERO Act created Section 218-b of the New York Labor Law, which requires employers to establish an airborne infectious disease exposure prevention plan. Employers must post the plan in their workplace and meet other requirements for making their plans available to employees.

The Commissioner of Health created a model airborne infectious disease standard and plan. Employers can adopt this model standard or establish an alternative plan that meets or exceeds its requirements. According to the standard, HERO Plan activation is only required when the NYS Commissioner of Health designates an airborne infectious disease/agent as a highly contagious communicable disease that presents a serious risk of harm to public health.

Now that the commissioner has made that designation, employers must activate their plans and are encouraged to review the standard, as it outlines in detail the specific implementation requirements of the airborne infectious disease exposure prevention plans. These details include:

• Immediately reviewing your current plan
• Updating the plan to incorporate current information to ensure that it incorporates current information, guidance, and mandatory requirements issued by federal, state, or local governments related to the infectious agent
• Finalizing and promptly activating the plan

A “verbal review” is also required, along with distribution of the plans, providing a copy of the plan to each employee, and posting a copy of the plan that is accessible to employees during all work shifts.

Employers should review their HERO Plans and the New York State Department of Labor’s disease standard to ensure there are no compliance issues.

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