New York enacts sweeping new airborne infection law

New York business owners may ruefully recall NY Forward, the state’s phased reopening plan that required detailed safety plans and adherence to allegedly science-based COVID-19 protocols. Those old plans will now get revamped and become permanent as part of recently passed legislation. The new law is far more sweeping, however, and contains some troubling provisions. The New York Health and Essential Rights Act (or HERO Act), which Governor Andrew Cuomo signed on May 5, affects private-sector employers. While most of the law is effective June 4, a questionable section on joint mandatory labor-management health safety committees will go into effect on November 1.

Overview

The HERO Act will codify various health and safety protocols to prevent the spread of infectious airborne diseases. The protocols (which vary by industry) will include those pertaining to screening, masking, social distancing, the use and availability of personal protective equipment (PPE), site cleaning, and ventilation/air flow.

Unfortunately, many new protocols (which may vary from the NY Forward rules) have yet to be established by New York’s health commissioner. As such, employers are once again being called upon to implement a plan with no guidance.