COVID-19 Designation Extended Under the HERO Act

The Commissioner of Health (the “Commissioner”) has extended the designation of COVID-19 as a highly contagious communicable disease under the HERO Act until October 31, 2021. The Commissioner will again review the level of transmission of COVID-19 in New York State on approximately October 31st and determine whether to continue this designation.  As such, the airborne infectious disease policies required by the HERO Act remain implemented and in effect.

If they have not done so already, employers should provide their employees with the training the HERO Act requires when the written exposure prevention plan is activated. This training must cover:

  • the infectious agent and the disease(s) it can cause;

  • the signs and symptoms of COVID-19;

  • how COVID-19 can be spread;

  • an explanation of the Exposure Prevention Plan;

  • the activities and locations at the worksite that may involve exposure to COVID-19;

  • the use and limitations of exposure controls;

  • a review of the HERO Act standard, including employee rights provided under the HERO Act.

The training must be provided verbally and can be conducted in person or through telephonic, electronic, or other means. Additionally, the training should be provided at no cost to employees and take place during working hours. However, if the training does not take place during normal work hours, employees must be compensated for the training time.

Employers who have questions about this training or require assistance with implementing this training should contact the firm. Individuals with questions should feel free to contact Caroline Secola at csecola@fglawllc.com or any other attorney at the Firm. 

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