HERO Act - Employer Obligations Extended Through October 31, 2021

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On September 30, 2021, the New York State Department of Health (NYSDOH) extended its designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health through October 31, 2021. Accordingly, all employers must continue to implement their airborne infectious disease prevention plans.

The NYSDOH's designation is in place until October 31, 2021, at which point the NYSDOH Commissioner will review the level of transmission of COVID-19 in the state and determine whether to continue the designation. As detailed in our prior advisories, the NYSDOL issued guidance and FAQs detailing employer obligations under the HERO act, which were triggered on September 6, 2021, and updated its Model Airborne Infectious Disease Exposure Prevention Plan to address face coverings in fully vaccinated workplaces.

Employers with 10 or more employees should keep in mind that by November 1, 2021, they must permit workers to establish and administer a joint labor management workplace safety committee. Regulations on the HERO Act are forthcoming.

We will continue to monitor the NYSDOL's website for further guidance and will provide additional advisories once that guidance is issued.

Prior Advisories

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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