October 25, 2021

Volume XI, Number 298

Advertisement
Advertisement

October 25, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

New York State Updates General Model Form of HERO Act Safety Plan

On September 23, 2021, the New York State Department of Labor (“NYSDOL”) released an update to its general model airborne infectious disease exposure prevention plan (“model plan”) for employers’ use in complying with the NY HERO Act. Specifically, the model plan’s language regarding face coverings and physical distancing was modified by:

  • distinguishing between workplaces where all individuals on the premises, including, but not limited to, employees, are fully vaccinated and those workplaces where not all individuals are vaccinated in terms of whether face coverings are required or recommended, consistent with current guidance from the New York State Department of Health (“NYSDOH”) and the Centers for Disease Control and Prevention (“CDC”), and

  • recommending the use of physical distancing “to the extent feasible” per guidance from NYSDOH and the CDC.

A comparison of the changes is reflected below:

 A comparison of the changes.

These changes appear to give employers with fully vaccinated workplaces more flexibility in whether to mandate face coverings. The revised NYSDOL model plan is available here.

Employers with fully vaccinated workplaces wishing to take advantage of this flexibility likely will want to update their HERO Act safety plan to reflect the language in the new model.

To learn about the actions that New York employers need to take now to comply with the NY HERO Act, please read our Insight entitled “All New York HERO Act Safety Plans Must Be Placed Into Effect: New Guidance Issued.”

©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 267
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Susan Gross Sholinsky, Labor Employment Attorney, Epstein Becker Green Law Firm
Member of the Firm

SUSAN GROSS SHOLINSKY is a Member of the Firm in the Labor and Employment practice, in the New York office of Epstein Becker Green. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims. In 2013, Ms. Sholinsky was named to theNew York Metro Rising Stars list in the area of Employment & Labor.

212-351-4789
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
Advertisement
Advertisement
Advertisement