COVID-19 Designated as Highly Contagious Communicable Disease for HERO Act Purposes

On Labor Day, Governor Hochul announced that the New York State Commissioner of Health has designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health under the New York State HERO Act.  As such, all New York State employers must implement the HERO Act plans which they adopted earlier this month.  According to the DOL Standard, employers must now review and update their plans (if necessary) to incorporate the most current guidance and requirements, provide each employee with a copy of the plan, post the plan in a prominent location at each worksite, and ensure it is accessible during all shifts.  As part of the plan’s implementation, employers must also train employees on the elements of the plan, including the signs and symptoms of COVID-19, how COVID-19 can be spread, the activities and locations at the worksite which may involve exposure to COVID-19, the use and limitation of exposure controls, and the employees’ rights under the HERO Act.  The training must be conducted verbally, either in person, telephonically, electronically or through other means.  Employers must also ensure the plan is being followed by appointing supervisory personnel to enforce the plan, monitoring and maintaining exposure controls, and complying with updates from the CDC and State Department of Health.  For additional information on the HERO Act requirements, see our prior client alerts here and here.  We will be closely monitoring the State websites for further information.  If you have any questions about the implementation of the HERO Act plan, contact kgrimshaw@fglawllc.com or any attorney at the firm.

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