New York Requires all New York Employers to Implement Their HERO Act Plans

On September 6, 2021, the New York State Department of Health (NYDOH) designated COVID-19 a highly contagious communicable disease under New York’s HERO Act. The HERO Act was enacted in May 2021 and required all employers in New York to adopt an Airborne Infectious Disease Exposure Plan. The HERO required all New York businesses to adopt either the model plan, published by the New York Department of Labor (NYDOL), or an alternate plan by August 5, 2021. The plans needed to be distributed to employees by September 4, 2021. The Model Plan prepared by the NYDOL can be found here.

The HERO Act was somewhat unique because although it required employers to adopt and distribute an Airborne Infectious Disease Exposure Plan, it did not require employers to implement the plan, unless the NYDOH designated an infectious disease as a “highly communicable disease that presents a serious risk of harm to the public.” That has now happened, requiring the implementation of the plans.

The designation of COVID-19 as an airborne infectious disease has seemingly garnered little attention. Thus, many employers may not be aware that they must implement the plans. New York employers that have not already done so, should immediately implement their Airborne Infectious Disease Exposure Plans to avoid violating the HERO Act.

If you have questions about your business’s COVID-19 obligations, or other employment practices, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling system to schedule a complimentary consultation