As the CDC updates and streamlines its COVID-19 guidelines, we are reminded that New York State has a law that requires every employer—no matter how small—to have a plan to protect its employees and customers against airborne infectious diseases. The law is called The HERO Act. 

The New York State Department of Labor (DOL) released its HERO Act minimum standards and template policies related to airborne infectious disease prevention in mid-2021.  Employers now must either: (1) adopt one of the model plans applicable to their industry (available on the DOL website, or (2) develop and establish an alternative prevention plan that meets or exceeds the minimum standards.

After adopting a plan, employers will then have an additional 30 days to provide their written exposure prevention plan to employees in English and the primary languages of their employees, if a translation is made available by the DOL. (This should have been done in 2021 for companies in existence then,) Employers must also provide new employees with their exposure prevention plan upon hire, as well as provide the plan to all employees within 15 days of a reopening due to airborne infectious disease related closure.

Note that the plan must only be written and provided to the employees right away; it does not have to be implemented unless the NYS Commissioner of Health declares an emergency. I compare it to having flares and a spare tire in your trunk: you have to have it, but you don’t need to use it until there’s an emergency.

For questions or help in preparing your plan, contact TMF Law Offices, P.C.