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New York HERO Act Mandates New Protections After COVID-19

New York employers may need to change their approach to workplace health and safety rules significantly under the New York Health and Essential Rights Act HERO Act signed by Governor Andrew Cuomo on May 5, 2021.

New York Enacts Workplace Safety And Health Law, Mandating New Protections After COVID-19 Pandemic | Jackson Lewis P C

Individuals working for staffing agencies; Contractors and subcontractors; Individuals transporting people at, to, or from the worksite on behalf of the employer. Similarly, the definition of worksite under the law is broad, covering any physical space, including a vehicle, that has been designated as the location where work is performed. Presumably, this could cover remote work locations, including those at employees’ residences. Section 1 requires the state Labor Commissioner, in conjunction with the state Department of Health, to develop model airborne “Infectious Disease Exposure Prevention Standard,” differentiated by industry, for all New York worksites. The requirement that workplace safety standards be prepared by the Labor Commissioner and Department of Health is unusual. New York does not operate under a state safety plan and follows workplace standards established by the federal Occupational Health and Safety Administration (OSHA). The Occupational Safety and Hea

New York State Imposes New Infectious Disease Safety Standards In The Workplace | Lowenstein Sandler LLP

Accessible workplace hand hygiene stations Regular cleaning and disinfecting of shared equipment and frequently touched surfaces Social distancing for employees, consumers, and customers Compliance with orders of isolation or quarantine that have been issued to employees Compliance with applicable engineering controls such as proper airflow, exhaust ventilation, and other special design requirements Designation of one or more supervisory employees to enforce compliance with the plan and applicable legal guidance related to avoidance of spreading an airborne infectious disease Compliance with applicable laws and guidance by health authorities requiring notification to employees of potential exposure to airborne infectious disease in the workplace

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