NYSDOH Announces New York State HERO Act Has Expired

The New York State Department of Health (NYSDOH) has issued the notice below on the expiration of the New York State HERO (Health and Essential Rights) Act effective March 17, 2022.  You can also access the NYSDOH notice at: https://www.health.ny.gov/press/releases/2022/2022-03-18_hero_act.htm.

NYS HERO ACT

The New York Health and Essential Rights Act (NY HERO Act) was signed into law on May 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 law, the New York State Department of Labor (NYSDOL), in consultation with NYSDOH, has developed an 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 NYSDOL 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.  When designated, 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 below.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended.  Private sector employers are no longer required to implement their workforce safety plans.

Inquiries about the HERO Act can be e-mailed to: Airborne.Infectious.Diseases@labor.ny.gov.  For more information: https://dol.ny.gov/ny-hero-act.

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