As noted last week, the NY State mask or vaccination mandate has been lifted for businesses. Counties may still impose these requirements and the rules still apply to schools.
There is one addition regulation governing airborne infectious diseases. The New York Health and Essential Rights Act (NY HERO Act) mandates extensive workplace health and safety protections in response to the COVID-19 pandemic. The purpose of the NY HERO Act is to protect employees against exposure and disease during a future airborne infectious disease outbreak.
Under the HERO Act, the New York State Department of Labor (NYS DOL), in consultation with the NYS Department of Health, has developed an Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan, and various industry-specific model plans for the prevention of airborne infectious disease. Employers can choose to adopt the applicable policy template/plan provided by NYS DOL or establish an alternative plan that meets or exceeds the standard’s minimum requirements.
The standard and model plans are available in English and Spanish. Employers are required to provide a copy of the adopted airborne infectious disease exposure prevention plan and post the same in a visible and prominent location within each worksite
The airborne infectious disease exposure prevention plans must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health. The Commissioner of Health has continued to designate COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State.
For more information about compliance and model plan under the HERO Act click HERE.
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