NY HERO Act now effective, requires employers to develop COVID-19 workplace safety plan
Posted September 10, 2021
On September 6, New York Governor Kathy Hochul announced that the state’s commissioner of health has designated COVID-19 an Airborne Infectious Disease under New York State’s HERO Act. The Act requires all employers to adopt a workplace safety plan and implement it for all airborne infectious diseases designated by the New York State Department of Health.
Employers can adopt a model safety plan as crafted by the New York State Department of Labor or develop their own plan in compliance with HERO Act standards. Plans must address a number of safety measures, including but not limited to:
- employee health screenings,
- masking and social distancing requirements,
- workplace hygiene stations,
- workplace cleaning protocol,
- quarantine protocol, and
- building airflow technology.
Employers must distribute their plan to all employees and post it in a visible and prominent location within each worksite.
The HERO Act also includes anti-retaliation protections for employees who make a complaint about an employer’s failure to comply with the law or the adopted plan.
This article was written by Rachel Krubsack of J. J. Keller & Associates, Inc.