As part of New York State’s efforts to combat COVID-19, the New York State HERO Act mandates that employers adopt an airborne infectious disease safety plan. However, that plan remains inactive until specifically activated by the State, in which case, employers must implement the details of the plan into their workplace. Prior to Labor Day, any such plans created under the HERO Act need not have been implemented during the COVID-19 pandemic.

Yesterday, the state’s health commissioner has designated COVID-19 as a highly dangerous communicable disease that presents a serious danger to public health. This designation activates the plans under the HERO Act, and now employers must begin the process of implementation. 

As a reminder, the airborne infectious disease plan must have been adopted and disseminated to employees by September 7. Employers should begin plan implementation as soon as possible, concurrent with distribution to employees. The plan shall remain active until the state’s health commissioner changes its official stance on COVID-19.