HERO Act Designation Expiration Results in End to Some Requirements for Private Employers

Members who have been required to adhere to the New York HERO Act’s requirement to adopt an airborne infectious disease exposure prevention plan will be pleased to hear that the New York State Commissioner of Health has not renewed the designation that triggers implementation of the plan. This Department of Health (DOH) press release announces that the designation ended on March 17, 2022, and private sector employers are no longer required to implement their workplace safety plans required under the HERO Act as a result.

It should be noted that this designation does not impact requirements imposed by DOH on regulated providers related to COVID-19 prevention and protection. Rather, this change relates specifically to those settings that had to adhere to the HERO Act’s requirement to develop these workplace safety plans.

Members are reminded that the activation of these plans could occur again; it is triggered by the Commissioner’s designation that there is a highly contagious communicable disease that presents a serious risk of harm to the public health. This could be reinstated at a future date if the conditions warrant.

As a reminder, the second element of the HERO Act, which requires private employers with 10 or more employees to allow employees to establish and administer a joint labor-management workplace safety committee at each worksite, continues to be in effect. This aspect of the HERO Act also applies to nursing homes and certain other health care providers who were exempt from the first element of the HERO Act because they were covered by the Occupational Safety and Health Administration (OSHA) COVID-19 Healthcare Emergency Temporary Standard (ETS).

For background on these issues, click here.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828