COVID-19 designated ‘airborne infectious disease’ under HERO Act

On September 6, 2021, New York Governor Kathy Hochul announced the state health commissioner had formally designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the state’s Health and Essential Rights Act (HERO Act). The Act imposes significant occupational health and safety obligations on private-sector employers, including adherence to certain safety standards and the promulgation of an airborne infectious disease prevention plan. Given the designation, read on to understand what steps your company must take to ensure compliance.

Background

On May 5, 2021, former Governor Andrew Cuomo signed the HERO Act into law. On June 14, he signed legislation amending the Act.

On July 6, the New York State Department of Labor (NYSDOL) published an “Airborne Infectious Disease Exposure Prevention Standard,” a general “Model Airborne Infectious Disease Exposure Prevention Plan,” and several industry-specific model prevention plans. The NYSDOL’s guidance then triggered certain employer actions, including the requirements that they: