NY HERO Act Update: DOL Publishes Revised Model Protocol, Clarifies That Fully-Vaccinated Workforces Need Not Mask

The New York Department of Labor published a revised Model Airborne Infectious Disease Exposure Prevention Plan, which provides that workforces that are fully vaccinated need not mask under the HERO Act. 

As previously reported, New York State's health commissioner has designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health, requiring employers to activate their safety plans under the NY HERO Act.  The designation remains in effect until September 30 unless extended further.

That announcement triggered employers' obligation to activate their respective Disease Exposure Prevention Plan.  Since then, many employers have grappled with whether and how to implement the masking protocol set forth in the DOL's model plans.  Until today, the model stated that masking is required for all employees only when distancing cannot be maintained, irrespective of vaccination status.