NYS Enacts HERO Act … What Employers Need to Know

New York employers may need to change their approach to workplace health and safety rules significantly under the New York Health and Essential Rights Act (HERO Act), signed by Governor Andrew Cuomo on May 5, 2021.

The HERO Act amends the New York Labor Law (NYLL) by adding two new sections:

Section 1, NYLL Section 218-b, "Prevention of Occupational Exposure to an Airborne Infectious Disease": Essentially codifies the type of health and safety requirements found in the New York Forward Guidance. (Since summer 2020, New York private employers who wished to operate in person must comply with extensive health and safety directives in various executive orders, state and local health department orders, and New York Forward Guidance for their specific industry issued in response to the COVID-19 pandemic.)

Section 2, NYLL Section 27-d, "Workplace Safety Committee": Gives employees the opportunity to create a joint employer and employee committee to address workplace health and safety issues.