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New York Enacts HERO Act Requiring All Employers to Implement Health and Safety Standards to Address Airborne Infectious Diseases | Murtha Cullina
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New York HERO Act Establishes Minimum Workplace Safety Standards - Manatt, Phelps & Phillips, LLP
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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
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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