NYSDOL Updates the NY HERO Act Model Plan
September 28, 2021
The NYS Department of Labor has updated their model airborne infectious disease exposure prevention plans. Notably, the updated plans reflects two key changes.
New York Labor and Employment Law ReportNew York LawNYSDOL Updates the NY HERO Act Model PlanSeptember 28, 2021 The NYS Department of Labor has updated their model airborne infectious disease exposure prevention plans. Notably, the updated plans reflects two key changes. Federal Court Issues TRO Enjoining Omission of a Religious Exemption from the Emergency Public Health Vaccination RegulationsSeptember 14, 2021 The federal District Court for the Northern District of New York issued a temporary restraining order (TRO) on Sept. 14, 2021, enjoining New York State officials from enforcing emergency regulations imposing a vaccination mandate for certain healthcare workers to the extent that the regulations do not allow for a religious exemption to the mandate. The TRO is available here. As reported here previously, the emergency regulations, which were issued on August 26 by the Public Health and Health Planning Council under the New York State Public Health Law, apply to hospitals, nursing home and home health agencies, among other entities. The emergency regulations were notable for not including provisions for a religious exemption or any test out provisions. The court’s TRO places the lack of a religious exemption provision on hold, pending the outcome of the proceeding. NY HERO ACT “FAQs”September 10, 2021 New York employers are presently “activating” their HERO Act plans, after the New York State Department of Health (DOH) officially designated COVID-19 as a “highly contagious communicable disease that poses risk to the public health.” Employers Activate Your HERO Act Plans! NY Commissioner of Health Issues NY HERO Act Designation for COVID-19September 7, 2021 On Sept. 6, 2021, Gov. Kathy Hochul directed the NYS Commissioner of Health to designate COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health. The designation is official and available on the NYS Department of Health (NYSDOH) website. Mandatory Vaccination for Health Care WorkersAugust 27, 2021 Effective Aug. 26, 2021, New York State now requires all employers of health care workers working within the state to ensure that their personnel have received a full COVID-19 vaccination. The definition of “personnel” contained in the new regulation is expansive, including employees, students, volunteers and any other affiliates of the organization who “engage in such activities such that if they were infected with COVID-19, they could potentially expose other covered personnel, patients or residents to the disease.” NY HERO Act – NYSDOL Publishes Airborne Infectious Disease Exposure Prevention Standards and Model Plans For Various IndustriesJuly 7, 2021 On the evening of July 6, 2021, the NYS Department of Labor (DOL) published the long awaited “Airborne Infectious Disease Exposure Prevention Standard” (Standard), a general “Model Airborne Infectious Disease Exposure Prevention Plan,” and several industry specific model prevention plans as well. These are now available on the DOL’s website. The model plans are currently available in English, but the website states that they will also be available in Spanish soon, as required by statute. Must an Employer Offer a Reasonable Accommodation if a Federal Safety Regulation Prohibits Such Accommodation?July 7, 2021 In a decision of interest to New York State employers subject to federal safety regulations, the Second Circuit Court of Appeals recently answered that question in the negative. In Bey v. City of New York1, the Court concluded that where a federal safety regulation expressly prohibits a requested medical accommodation, that regulation trumps the requirements imposed by the Americans with Disabilities Act (the ADA) and Title VII and shields the employer from liability under those statutes. How is My Hair? A Brief Review Of Hairstyle Discrimination In The WorkplaceJune 22, 2021 “How is my hair? Does it look OK?” With employees returning to onsite work, questions regarding employers’ grooming and dress code policies are bound to crop up. When responding, employers should be cognizant of the fact that their dress code and grooming policies must comply with expanding legal protections against discrimination based on race-based hairstyles. Read More >> How is My Hair? A Brief Review Of Hairstyle Discrimination In The Workplace Technical Amendments to NY HERO Act Passed – What’s Next For EmployersJune 14, 2021 As previously reported, the New York Health and Essential Rights Act (HERO Act) was signed into law by Gov. Andrew Cuomo on May 5, 2021. The governor announced that his approval was based on his having secured an “agreement” with the NYS Legislature to make certain “technical changes” to the bill. On May 26 the amendments passed in the NYS Senate, and on June 7, they passed in the NYS Assembly. On Friday, June 11, the bill was delivered to and signed by Governor Cuomo. Read More >> Technical Amendments to NY HERO Act Passed – What’s Next For Employers New York Clarifies that Employees Can Utilize Existing Paid Sick Leave If They Experience Side Effects from the COVID-19 VaccineMay 28, 2021 At his press briefing on Thursday, May 27, Governor Andrew Cuomo announced that employers will be required to provide paid sick leave to any employee who experiences side effects from the COVID-19 vaccination. Today, the New York State Department of Labor (DOL) issued guidance concerning such leave. Two New Pieces of Legislation Will Require “Safe Staffing” Measures in New York Hospitals and Nursing HomesMay 10, 2021 The New York legislature has introduced two pieces of legislation that will greatly impact how healthcare facilities in the state are staffed. The first bill, A108/S1168, pertains to hospitals, and the second bill, S.6346/A.7119, pertains to nursing homes. Both proposed laws have passed the Senate and Assembly and await the governor’s signature. Governor Cuomo Signs HERO Act Into LawMay 6, 2021 On May 5, 2021, Governor Cuomo officially signed the New York Health and Essential Rights Act (HERO Act) into law. The HERO Act effectively imposes significant obligations on covered employers to provide and maintain a safe workplace in the face of the ongoing COVID-19 pandemic, and for future airborne infectious disease outbreaks. As previously reported, the HERO Act amended the New York Labor Law by adding two new sections: (1) Section 218-b, which governs development and adoption of an airborne infectious disease prevention policy; and (2) Section 27-D, that requires employers to permit the creation of workplace safety committees. Both sections only apply to private sector employers. However, Section 27-D specifically only applies to private employers with at least 10 employees. |
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