Ugh, you say.  What now?!

The New York Health and Essential Rights Act - the NY Hero Act for short - passed on May 5, 2021.  It is designed to protect against the spread of airborne infectious diseases in the workplace. This is not just for COVID-19, it covers all infectious diseases.

What do employers have to do to comply with this law?

The NY Hero Act requires the New York State Department of Labor (NYSDOL) to establish minimum protocols for preventing the spread of airborne infectious diseases in the workplace.

These standards, which will differ among industries, will require employers to conduct employee health screenings, provide face coverings and other PPE, enforce social distancing, and institute cleaning and disinfecting protocols.

In addition, the Act bans retaliation against employees for exercising their rights under the Act, authorizes the NYSDOL to assess penalties for non-compliance, and grants employees a private right of action seeking injunctive relief against an employer for failing to comply with the above provisions of the law. 

If you have 10 employees by November 1, 2021, you must allow your employees to create a joint labor-management workplace safety committee, which in turn must be permitted to raise workplace health and safety concerns, review employer workplace safety policies, participate in government site visits relating to workplace health and safety standards, and attend committee meetings and trainings related to workplace health and safety standards.

While there might be amendments that will ease the burden on employers, employers should be mindful of the provisions of the Act that will go into effect on June 4 or November 1 and should begin working to develop compliant policies and procedures. Check for updates here.