On July 7, the New York State Department of Labor released Model Airborne Infectious Disease Exposure Prevention Plans for numerous different industries. Under the recently-enacted New York State HERO Act, employers are required to create and maintain industry-specific safety guidelines for its workplace so that employees can be protected from COVID-19 (and other diseases) upon returning to the workplace.

Employers may use the applicable model guidance to fulfill their obligation under the HERO Act. Alternatively, an employer may create their own health and safety plan to meet the specific needs of their workplace. However, any plans created by the employer must provide at least as much protection as the state model documents. Because of this, employers should use the language and content of the model notices as much as possible and only deviate when absolutely necessary.

Importantly, while it is required for employers to create and adopt these plans as soon as possible, these plans need not always be in effect in the workplace. These plans need only be in effect when “an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health”.

You can find the Model Exposure Prevention Plans HERE.