New York State’s Health and Essential Rights Act (NY HERO Act) was passed to prevent occupational exposure to airborne infectious diseases. The NY HERO Act covers all private employers in the state. The Act was signed into law on May 5, 2021, and was amended on June 11, 2021. The amendments, among other things, have extended the compliance deadline for key portions of the Act from June 4, 2021, to July 5, 2021.

The NY HERO Act created Section 218-b of the New York Labor Law, which requires employers to establish an airborne infectious disease exposure prevention plan. Employers must post the plan in their workplace and meet other requirements for making their plans available to employees.

The Commissioner of Health created a model airborne infectious disease standard and plan. Employers can adopt this model standard or establish an alternative plan that meets or exceeds its requirements. This section of the Act takes effect on July 5, 2021.

The Act also created Section 27-d of the law, which permits employees to establish and administer joint labor-management workplace safety committees. This section of the Act takes effect on Nov. 1, 2021.

More information and industry-specific models can be found on the DOL website.

Action Steps

Employers subject to the NY Hero Act should watch for the release of the model standard, which provides New York’s minimum requirements for preventing exposure to airborne infectious diseases in the workplace.

Employers should review the standard to determine how it affects their current workplace protections. Employers should determine whether to adopt the model standard or an alternative standard, or update their current standard to meet the necessary requirements.

Important Dates

June 11, 2021  Amendments to the HERO Act signed into law by Governor Andrew Cuomo

July 5, 2021  Employer airborne infectious disease prevention exposure prevention plan effective date

Nov. 1, 2021  Joint labor-management workplace safety committee effective date

This Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. Design © 2021 Zywave, Inc. All rights reserved.