New York ends designation of COVID-19 under the HERO Act

The New York State Commissioner of Health has ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act (Health and Essential Rights Act). While this change in designation means private sector employers are no longer required to implement their workforce safety plans under the HERO Act, employers will still be required to comply with the other obligations under the HERO Act.

By way of background, 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.  As a result of that designation, all private sector employers in New York State were required to implement an Infectious Disease Exposure Prevention Plan (IDEPP) tailored to address COVID-19 in the workplace in accordance with the HERO Act, which was signed into law on May 5, 2021.

Although employers are no longer required to implement an IDEPP, employers must still:

·       Keep in place an IDEPP (though actual implementation of the plan is no longer required);

·       Provide employees and new hires with written notice of the IDEPP;

·       Include a copy of the IDEPP in employee handbooks (if you have one); and

·       Post a copy of the IDEPP in a visible prominent location within each worksite.

New York City employers should keep in mind that that the City’s vaccine mandate remains in effect for all employers.

Please contact your dedicated service professional if you have any questions.