As HCA previously reported, the New York Health and Essential Rights Act (NY HERO Act) requires employers to adopt and maintain an airborne infectious disease exposure prevention plan to be implemented 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.”
While August 5 was the deadline for adopting such a plan, employers also have to provide the plan in writing to all employees by September 4.
The New York State Business Council advises: Currently, while employers must adopt plans as required by the law, no such designation has been made by the Commissioner and plans are not required to be in effect. It is possible, however, that with the increase in infections as the result of the COVID Delta variant, these plans could be activated.
The state Department of Labor has posted resources on the HERO Act, including The Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan and industry-specific templates.