New York State has announced that it will further extend the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health. This means that employers must maintain their Disease Exposure Prevention Plans under the HERO Act until at least March 17, 2022. As a reminder, the HERO Act required employers (back in September 2021) to create and maintain a health and safety plan for their employees in the workplace to help contain the spread of COVID-19. This extension means that the employer’s enhanced protection obligation is not yet over.

One important update to note is that Governor Hochul’s recent revocation of the statewide masking mandate means that employer HERO Act plans no longer need to mandate masking in the workplace.

This March end date may be extended based upon the prevalence of the Omicron variant and the presence of any new variants. Employers should continue to diligently carry out their responsibilities under this law and should not assume that their responsibilities under this law will end on March 17. As always, FNA will continue to keep you updated on HERO Act amendments.