New York HERO Act Authorizes Establishment of State COVID-19 Standard
By Guy Burdick
May 17, 2021
COVID-19, Regulatory Developments
On May 5, New York Governor Andrew Cuomo (D) signed the HERO Act (S.1034B/A.2681B) into law, authorizing the state’s labor commissioner to establish a workplace safety and health standard for COVID-19 exposures. While the law applies to all workplaces in the state, under current federal regulations (29 CFR 1952.24), New York is only authorized to create and enforce safety and health protections for local and state government employees.
Simfalex / Shutterstock.com
However, the Occupational Safety and Health Act of 1970 allows states to enact laws where the federal Occupational Safety and Health Administration (OSHA) has no existing standard (§18(a)). There is no current federal COVID-19 or infectious disease standard, but an emergency temporary standard (ETS) is undergoing regulatory review at the White House Office of Information and Regulatory Affairs (OIRA).