Posts tagged Return to Work
HERO Act COVID Designation Expires

Since September 2021, COVID-19 has been designated as a highly contagious airborne infectious disease that presents a serious risk of harm to the public health pursuant to the New York State HERO Act. This designation finally expired on March 17, 2022. As such, employers are no longer required to implement and effectuate their workplace safety plans and related measures, such as workplace screening and distancing protocols.

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HERO Designation and Masking Order Extended

Over the weekend, the New York State Commissioner of Health (the “Commissioner”) extended the designation of COVID-19 as a highly contagious communicable disease under the HERO Act until February 15, 2022. The Commissioner will again review the level of transmission of COVID-19 in New York State on approximately February 15th and determine whether to continue this designation.

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Supreme Court Rules on OSHA Vaccinate or Test ETS & CMS Vaccination Rule

On January 13, the Supreme Court issued two opinions related to national vaccination mandates: staying enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) and staying the preliminary injunctions which were issued on the Center for Medicare and Medicaid Services’ (CMS) rule requiring vaccination for employees of facilities who receive Medicare and Medicaid funding. While not the final word on these requirements, these rulings demonstrate the likely outcome of these legal challenges. The result of these rulings is that many employers will be left subject to myriad state and local requirements related to vaccination, testing, and masking.

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