July 3, 2022

Volume XII, Number 184

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July 01, 2022

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June 30, 2022

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New York HERO Act Designation Over, Six Months Later

The New York HERO Act website was quietly updated on the afternoon of March 18, 2022 to confirm that the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health has ended. This means the “activation” of HERO Act safety plans is over.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. Private sector employers are no longer required to implement their workforce safety plans.

As such, elements of the HERO Act plan are no longer required to be implemented, including daily health screening, and social distancing. In February, the Department of Labor updated the model HERO Act safety plan to clarify that masking was not mandatory, regardless of vaccination status. Employers are still required to:

  • have a HERO Act safety plan,
  • provide a copy to employees (current and upon hire),
  • post the plan in each worksite, and
  • include a copy within their employee handbooks.

As a reminder, New York City employers are still subject to the workplace vaccine mandate. While the Key to NYC requirements for bars, restaurants, and entertainment venues ended on March 7, 2022, the private employer vaccine mandate is still in effect.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 79
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About this Author

Nancy Gunzenhauser Popper Labor Employment Attorney Epstein Becker Law Firm
Member of the Firm

NANCY GUNZENHAUSER POPPER is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Popper:

  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace

  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment...

212-351-3758
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