As previously discussed, the NY HERO Act requires all New York employers to implement workplace health and safety protocols in response to a “highly contagious communicable disease,” as designated by the New York State Commissioner of Health. On July 7, 2021, the New York Department of Labor finally released the anticipated HERO Act standards and industry-specific model plans.
Notably, the HERO Act standards only apply in relation to “an airborne infectious agent or disease designated by the Commission of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health” and do not apply to “any employee within the coverage of a temporary or permanent standard adopted by the Occupational Safety and Health Administration setting forth applicable standards regarding COVID-19 and/or airborne infectious agents and diseases.”
The standards and industry-specific model plans include requirements cover the following topics:
- employee health screenings,
- face coverings,
- physical distancing,
- workplace hygiene stations,
- regular cleaning and disinfecting of shared equipment and surfaces and housekeeping,
- personal protective equipment,
- compliance with quarantine guidelines in cases of exposure and infection response during a designated outbreak,
- advanced engineering requirements, such as air flow and exhaust systems,
- compliance with local laws,
- the appointment of supervisory employees to maintain enforcement of these new standards,
- regular reviews of employer policies, and
- anti-retaliation provisions
Although the NY Department of Health continues to grapple with COVID-19 pandemic, interestingly, the NY Department of Labor has clarified that the Commissioner of Health has not designated COVID-19 as a highly contagious communicable disease. Therefore, the HERO Act standards are not currently being enforced.
This does not completely relieve employers from Continue reading