Skip to content

Back to Our Blog

3.21.22 COVID Bulletin: State Reverses Course on HERO Act

Blog Categories

March 21, 2022

Without fanfare, the New York State Department of Labor updated its website to announce the relaxation of some NY HERO Act provisions. Employers can now forego enforcing their workplace safety plans.  

Private-sector employers are no longer required to implement their workforce safety plans. However, employers are still required to have an airborne infectious disease plan on hand. Copies must be provided to all employees and new hires. The plan should be included in the employee handbook and must also be posted in the workplace. Plans should be regularly updated. Resources to help you with your prevention plan are available here. 

The timing of DOL’s decision ran counter to the Governor’s announcement last week. that she was extending New York’s COVID-19 State of Emergency declaration through April.  It had been previously understood that an extension of the Emergency declaration would, in fact, extend full implementation of the HERO Act.     

The state’s inadequate and confusing distribution of information regarding the HERO Act remains a burden for employers, and the BNP will continue to communicate this fact to state leaders.  

Despite the confusion, employers should remain on guard for future COVID spikes. The state can trigger the HERO Act again in the future, which would require you to implement your workplace safety plan again. The BNP will update you immediately should this happen.  

The HERO Act still allows for the formation of workplace safety committees, and employers must respond to workplace health and safety concerns raised by committees. More information on workplace safety committees is available here.  

Related Posts

9/24/21 Webisode: Navigating the New Federal Vaccine Mandate for Employers

By growthzone | September 27, 2021

President Joe Biden recently announced a new mandate requiring all employers with 100 or more employees to ensure their workforce is fully vaccinated or require weekly testing of unvaccinated workers.

9.20.21 Advocacy Alert: Border Closure Extended Through October

By growthzone | September 20, 2021

This morning, the U.S. federal government announced that it will be extending its closure to Canadian travelers through October 21.

Non-essential Canadian travelers have been banned from entering the U.S. since March 2020. Despite calls from the BNP, numerous members of Congress, and chambers across the nation to open the border, the Biden administration has not relented in its approach – even after Canada opened its doors to American travelers in August.

Staff Spotlight: Meet Karen Brown

By growthzone | September 15, 2021

Karen Brown is our Director, Diversity, Equity & Inclusion, and our latest staff spotlight!

Her role at the Partnership is to be a champion for developing and implementing programs/initiatives that promote a thriving, diverse, informed, and equitable region.

9.9.21 COVID-19 Bulletin: Biden To Mandate “Vax or Test” Requirement for Large Employers

By growthzone | September 9, 2021

Yesterday, Governor Kathy Hochul announced she would repeal the state’s mask mandate, effective today. However, her announcement did not proactively address how the repeal coincided with the NY HERO Act, which would have required employees in most workplaces to continue masking.