Summary
New York's HERO Act, which goes into effect on June 4, 2021, will require all New York employers to implement permanent protections against airborne infectious diseases in the workplace. Employers can either adopt industry-specific plans to be issued by the New York State Department of Labor (NYSDOL), or employers can create their own plans, as long as they provide at least as much protection as the applicable NYSDOL plan. In addition, the law allows employees to sue their employers, and requires employers with 10 or more employees to permit employee-led health and safety committees. A proposed amendment passed by the legislature would include employer-friendly clarifications, a 30-day cure period, and would postpone the law's initial effective date from June 4 to July 4, 2021.
The Upshot
- New York employers must adopt an Airborne Infectious Disease Exposure Prevention Standard to fight the spread of pathogens in the workplace. Non-compliance may lead to fines and employee lawsuits.
- Employers with 10 or more employees must permit employees to establish health and safety committees that participate in workplace health and safety decisions and oversight.
- The New York State Department of Labor will release model policies that employers can either adopt or supplement.
The Bottom Line
New York employers shouldn't throw away their COVID-19 playbook. The New York HERO Act will require ongoing and broader efforts to protect employees against airborne infectious diseases.
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