NEW YORK HERO ACT

 

This is from an email by Accu Data Workforce Solutions in Hicksville, NY:

On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”), a first-of-its kind law designed to protect against the spread of airborne infectious diseases in the workplace. New York's Health and Essential Rights Act (“HERO Act”) generally requires employers to adopt an airborne infectious disease exposure plan and to allow the formation of workplace safety committees.  Airborne Infectious Disease Exposure Plan New York Employers must adopt an airborne infectious disease exposure plan by August 5, 2021 and distribute it to employees by September 4, 2021. Employers must implement the plan they adopt when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health. Employers can find the latest information and updates, as well as standard and industry specific-model safety standards, on the New York Department of Labor’s HERO Act webpage. Under the law, employers can: Adopt the New York Department of Labor model standard for their industry; or  Establish an alternative plan that meets or exceeds the minimum standards provided by the model standard Employers must provide employees with an approved, written plan in English (or in the employee’s primary language) upon hiring, when the employer reopens following a closure due to an airborne infectious disease, or, if the employer has been permitted to operate continuously throughout the pandemic, by the effective date of the law. Employers must also post a copy of their approved plan in a visible and prominent place within the workplace and in the employee handbook, if provided. Workplace Safety Committees Effective November 1, 2021, employers with ten or more employees must permit employees to establish and administer a join labor-management workplace safety committee made up of individuals designated by both the employee and the employer, so long as at least two-thirds of the committee are non-supervisory employees. Employee members must be selected by non-supervisory employees and the committees must be co-chaired by a representative of the employer and non-supervisory employees. If there is a CBA in place, the representative is responsible for selecting the employee members of the committee. Once established, the workplace safety committee will be authorized to perform the following tasks: Raising health and safety concerns, hazards, and complaints to the employer Reviewing and providing feedback on policies put into the place under the airborne infectious disease exposure plan law and workers’ compensation law Reviewing the adoption of policies put into place in response to government directives Participating in site visits conducted by government entities responsible for enforcing safety and health standards Reviewing employer prepared reports related to the health and safety of the workplace Scheduling a regular meeting during work hours at least once a quarter Employers are prohibited from retaliating against employees who participate in or help establish a workplace safety committee.  Recommendations for Employers As you can see, the HERO Act imposes numerous and difficult requirements on New York employers. So what should employers do now? Consult your Human Resources Professional or your Labor Attorney to consider the following: Evaluate existing return-to-work plans based on the soon-to-be-released model Safety Plan. Employers can review the industry-specific guidance on the DOL site. Anticipate adding the Safety Plan to the employee handbook if you have a handbook. Review existing Employment Practices Liability Insurance policies to see whether they will cover claims by employees under the HERO Act. Create a system for employees to select the members of the Safety Committee. Be on the lookout for regulations from the NYSDOL.