DOL Revises Model Airborne Infectious Disease Exposure Prevention Plan
As our clients are aware, New York employers should have already implemented their Airborne Infectious Disease Exposure Prevention Plan (the “Plan”) mandated under the HERO Act. Yesterday, the DOL revised the Model Plan on their website. The substantive revisions to the Model Plan concern two of the minimum controls: face coverings and physical distancing. The Model Plan removes the language requiring usage of face coverings “to the greatest extent possible” and in conjunction with physical distancing “whenever possible”. Instead, the face covering requirements now vary depending on whether all individuals in the workplace are vaccinated. In workplaces where all individuals on the premises are fully vaccinated, the Model Plan recommends, but does not require, that employees use face coverings. For all other workplaces, the Model Plan requires employees to wear appropriate face coverings in accordance with guidance from the State Department of Health or the CDC.
The DOL also revised the minimum control concerning physical distancing, which previously required distancing to be “followed as much as feasible”. The DOL removed the language directing employees to avoid unnecessary gatherings and to maintain a distance of at least 6 feet. The revision now directs employees to use physical distancing “to the extent feasible, as advised by guidance from the State Department of Health or the Centers for Disease Control and Prevention, as applicable”. Other revisions made to the Plan are not substantive.
The DOL revised the Model Plan without publishing any additional guidance or information concerning these revisions. Due to the lack of guidance from the DOL, it is currently not clear whether or how employers need to communicate these changes to their employees. It is also not clear whether employers using the Model Plan will need to reissue their exposure prevention plan using the revised Plan. We will continue to monitor publications and guidance from the DOL and provide employers with updates. 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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