NY HERO ACT Update

NY HERO ACT Update:  Department of Labor Issues Industry-Specific Model Airborne Disease Prevention Plans 

As we reported in an earlier alert, the New York Health and Essential Rights Act (NY HERO Act) required the New York State Department of Labor (DOL) to issue industry-specific model airborne disease preventions plans for employers to adopt.  On July 7, 2021, the DOL issued a generally applicable prevention standard, along with model plans for the following industries: 

• Agriculture;
• Construction;
• Delivery Services;
• Domestic Workers;
• Emergency Response;
• Food Services;
• Manufacturing and Industrial;
• Personal Services;
• Private Education;
• Private Transportation (by Automobile); and
• Retail.

Now that the model plans have been issued, employers must meet the following statutory deadlines:

• August 6, 2021: Adopt the model plan applicable to their industry or establish their own alternative plan that meets or exceeds the DOL standards.
  
  

• September 5, 2021: Provide a copy of their adopted model plan or their alternative plan to their employees. 
  
  

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