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HERO Act model standard, disease prevention plan issued

July 2021 employment law letter
Authors: 
Paul J. Sweeney, Coughlin & Gerhart, LLP

The New York State Health and Essential Rights Act (HERO Act), which was signed into law on May 5, created new headaches for employers. Although June 2021 amendments clarified some issues and extended the implementation deadlines, many employers were anxiously awaiting New York State Department of Labor (NYSDOL) guidelines and standards. On July 6, the agency issued the new guidance including a model general standard and model airborne infectious disease prevention plans on its website. Read on to understand how the guidance affects your business.

Overview

The NYSDOL website now provides the following standards and plan templates:

  • A new airborne infectious disease exposure prevention standard;
  • A model airborne infectious disease exposure prevention plan; and
  • 11 industry-specific model plans to prevent airborne infectious disease.

Ominously, the NYSDOL provides an e-mail address where employees and other individuals may send feedback and inquiries about the resources issued to date. Of course, employer retaliation for an employee’s complaint or inquiry is prohibited.

Who is covered?

The NYSDOL guidance specifies the standard will apply to:

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