New York has taken significant steps to return to normal now that COVID-19 cases in the state are at an all-time low, and the percentage of vaccinated adults continues to rise. On June 15, 2021, New York State Governor Andrew M. Cuomo announced that 70% of adult New Yorkers received their first COVID-19 vaccine dose and that the State was lifting COVID-19 restrictions and New York Forward Industry Guidance across multiple commercial settings. Governor Cuomo explained that, with few exceptions, the State's guidelines (which cover limits on social gatherings, capacity restrictions, social distancing, cleaning and disinfection, health screenings, and contact tracing) are now optional. New York has also adopted the Centers for Disease Control and Prevention's (CDC) guidance concerning unvaccinated individuals, who must continue wearing masks and being socially distant in most settings in accordance with applicable guidance. Businesses may continue to require masks and social distancing regardless of vaccination status, as long as the requirement complies with applicable federal and state laws and regulations (e.g., federal, state, and local discrimination statutes).
While New York has lifted COVID-19 restrictions, for the most part, the State has also passed legislation to ensure that its population is better prepared to handle another public health crisis in the future. On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act, or the NY HERO Act, into law, which solidified New York's effort to prevent occupational exposure to airborne diseases. On June 14, 2021, Governor Cuomo signed a second bill amending the NY HERO Act. While more specific guidance and regulations concerning the NY HERO Act are expected, employers should begin to prepare for more permanent health and safety-related changes on the horizon.
Please review the linked short summary of the NY HERO Act and a more detailed Q&A regarding its key provisions, which we have created in order to help employers understand their obligations under the new law.
Given the new obligations imposed by the NY HERO Act, early preparation is key. Thus, employers should review and evaluate their existing COVID-19 safety plans and return-to-work guidelines to determine which areas will likely need to be revised. The Health and Safety Provisions provide a list of the categories the safety plans will have to cover, and employers who have discovered or expect hurdles regarding any of those categories should begin brainstorming possible solutions. Employers should also prepare for the additional expenses and other resources that may be required to comply with the provisions of the NY HERO Act, including the purchase of and availability of PPE, regular cleanings, engineering protocols, and the establishment of workplace safety committees.
Employers should regularly check the State's NY HERO Act webpage for the most current information.
The NY HERO Act webpage may be accessed here: https://dol.ny.gov/ny-hero-act.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
