Situation Report | September 13, 2021
The state Department of Labor (DOL) posted Frequently Asked Questions (FAQs) on the NY HERO Act, last week.
The FAQs are available here.
As previously reported, the NY HERO Act mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. Under the new law, all employers are required to adopt an airborne infectious exposure prevention plan, and implement it for all airborne infectious diseases designated by the state Department of Health (DOH).
On September 6, DOH Commissioner Zucker designated that COVID-19 is a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State’s HERO Act; therefore, workforce plans must be implemented.
Since that designation, DOL advises agencies to:
- Immediately review the worksite’s exposure prevention plan and update the plan, if necessary, to ensure that it incorporates current information, guidance, and mandatory requirements issued by federal, state, or local governments related to the infectious agent of concern.
- Finalize and promptly activate the worksite exposure prevention plan.
- Provide a verbal review of the plan with their employees.
- Provide each employee with a copy of the exposure prevention plan in English or in the language identified as the primary language of such employees, if available.
- The plan must also be posted at the worksite and be accessible to employees during all work shifts.
Under the NY HERO Act, DOL, in consultation with DOH, has developed an Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan and various industry-specific model plans for the prevention of airborne infectious disease.
Additional information and industry-specific templates for employers are available on the DOL website.
At HCA’s October 6 Emergency Preparedness Conference (details to follow), there will be a program on the NY HERO Act, Ensuring Compliance with OSHA ETS Rule and NY HERO Act. Conference materials will soon be available.