New York State Enacts Workplace Safety Requirements

On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act into law, which will require New York State employers to implement workplace health and safety standards to protect their workers from airborne infectious diseases. The so-called HERO Act, adopted in large part because of the COVID-19 pandemic, is designed to protect workers from contracting future viruses in the workplace by reducing transmission and community spread.

The new law requires New York's Departments of Labor and Health to establish a model airborne infectious disease exposure prevention standard. That model is expected to address protocols concerning, among other subjects, health screenings, use of personal protective equipment, social distancing, hygiene, and disinfecting equipment. Starting June 4, 2021, covered employers will be required to either adopt that standard or implement an alternative protocol that exceeds the requirements of the