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New York HERO Act Reminder

As of August 5, 2021, New York employers should have adopted an Airborne Infectious Disease Exposure Prevention Plan (Plan). Now that employers have adopted a Plan, they must ensure that employees are provided with a copy of the Plan by September 4, 2021. Going forward, all new hires must also receive a copy of the Plan. The plan must be distributed in English and in an employee’s primary language if a model plan has been developed by the state in that specific language. At present, the state has not developed any model plans in other languages.

Employers with an employee handbook must include a copy of the Plan in their employee handbook, and the Plan must also be posted in a visible and prominent location within each worksite.

State and other governmental agency employees, independent contractors of the state and employees within the coverage of a temporary or permanent standard adopted by OSHA setting forth applicable standards regarding COVID-19 and/or airborne infectious agents and diseases are exempt from the HERO Act provisions.

Model preventions plans, and the Airborne Infectious Disease Exposure Prevention Standard are available on the state’s HERO Act webpage.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.