Update on the NYS HERO Act: COVID-19 Designation Ends – JD Supra

The New York State Commissioner of Healths designation of COVID-19 under the Health & Essential Rights Act (HERO Act) as an airborne infectious disease that presents a serious risk of harm to the public health ended on March 17, 2022. What this means: effective immediately, private-sector employers are no longer required to implement and follow their HERO Act-based infectious disease prevention plans.

Employers should keep in mind that HERO Act requires that employers adopt a prevention plan and keep the plans in reserve. Employers only need implement their plan, however, when the New York State Commissioner of Health designates a particular disease as an airborne infectious disease.

The New York State Commissioner of Health first designated COVID-19 as an airborne infectious disease on September 6, 2021, requiring covered employers to activate their prevention plans. The Commissioner of Health extended the designation on multiple occasions.

Although the designation of COVID-19 being a disease that presents a serious harm to the public has ended for the time being, covered employers must be mindful of other obligations under the HERO Act that continue on even though no designation is in effect. Not only must covered employers at least create a prevention plan, but they are also required to:

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Update on the NYS HERO Act: COVID-19 Designation Ends - JD Supra