New York HERO Act (Airborne Diseases)

Summary

Passed in response to COVID-19, the NY Health and Essential Rights (HERO) Act forces employers to adopt strict safety plans to protect workers from airborne infectious diseases.

Rights & Rules

01.
All employers, regardless of size, MUST create a written 'Airborne Infectious Disease Exposure Prevention Plan.'
02.
This plan must outline how the company will handle health screenings, face coverings, physical distancing, and hand hygiene during an official disease outbreak.
03.
If the NY Commissioner of Health officially declares an airborne disease designated as a highly contagious communicable disease, the employer MUST immediately activate their plan.
04.
Employers with 10 or more employees MUST allow workers to form a joint labor-management workplace safety committee.

Penalties

01.
Employers can be fined $50 per day for failing to adopt a plan, and up to $10,000 for failing to follow the plan during an outbreak. Employees can also sue the employer directly for failing to protect them.

Verified Citations

New York Labor Law Section 218-b

Source

"Every employer shall establish a written airborne infectious disease exposure prevention plan... The plan shall be provided to all employees in writing in English and in the language identified by each employee as their primary language..."