ATTENTION NEW YORK EMPLOYERS: NY HERO Act Airborne Infectious Disease Prevention Plan Requirements Extended to At Least December 15, 2021

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As previously described in our September 10, 2021 and October 8, 2021 e-Alerts, the New York Department of Health designated COVID-19 as a highly contagious communicable disease that presents a risk of harm to the public. As such, employers subject to the New York Health and Essential Rights Act (the “NY HERO Act”) were required to review, finalize, activate and distribute their Airborne Infectious Disease Prevention Plans (“Prevention Plans”). Employers must also provide a verbal review of the Prevention Plans with their employees.  

On October 31, 2021, the Commissioner of the New York Department of Health announced that the designation of COVID-19 as a highly contagious communicable disease that presents a risk of harm to the public will continue until December 15, 2021. This means that Prevention Plans must continue to be activated until at least December 15, 2021, at which time the Commissioner will review this designation. 

Additionally, the NY HERO Act requires that employers with ten or more employees permit workers to establish and administer a joint labor-management workplace safety committee with employee- and employer-designees by November 1, 2021. The Department of Labor advised it would be publishing regulations for additional guidance on workplace safety committee requirements, but none have been issued as of the date of this e-Alert.

NFC will continue to keep you apprised of developments relating to the NY HERO Act. If you have any questions relating to the NY HERO Act or would like guidance relating to your Infectious Disease Exposure Prevention Plan or any other policy, please feel free to reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.

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