New York Updates Model Disease Exposure Prevention Plan

We described in a previous client alert the requirements set forth in the New York Health and Essential Rights (NY HERO) Act, including the requirement for employers to adopt and implement an infectious disease exposure prevention (DEP) plan for all New York worksites. Many employers, including those in office settings, adopted the New York State Department of Labor's (NY DOL) model DEP plan. On September 6, 2021, New York State's commissioner of health designated COVID-19 as a disease that immediately required employers with worksites in the state to activate their DEP plans. Upon activation of the NY HERO Act's requirements for COVID-19, the shortcomings of the model DEP plan became apparent to employers, including conflicting guidance regarding mask-wearing.