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 | July 13, 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.

BNP Advocacy Insider – July 2021

By growthzone | July 8, 2021

The July 2021 Advocacy Insider is a roundup of important issues we are monitoring that could you and your business.

State Releases HERO Act Safety Standards

By growthzone | July 7, 2021

Today, the New York State Department of Labor published its Airborne Infectious Disease Exposure Prevention standards as mandated by the NY HERO Act. These exposure controls apply during a disease outbreak as designated by the Commissioner of Health. Governor Cuomo lifted the COVID-19 state of emergency on June 24, so no designation is in effect at this time.

7.1.21 BNP Advocacy Alert – Where are we on Infrastructure?

By growthzone | July 1, 2021

As we enter July – Senator Schumer’s target finish line for the infrastructure package – many details remain in the air. President Biden recently joined a bipartisan coalition of Senators to announce a deal had been reached on infrastructure. But, until the ink is dry and the votes are cast, debate is far from over.