On October 31, 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 December 15, 2021. (A copy of the NYSDOH's press release can be found here.) Accordingly, all employers must continue to implement their airborne infectious disease prevention plans.

The NYSDOH's designation is in place until December 15, 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 effective 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.

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