New York Requires Employers to Activate Exposure Prevention Plans

Cooley Alert

On September 6, 2021, New York State’s commissioner of health designated COVID-19 as “a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State” pursuant to Section 218-b of the New York Labor Law. As such, under the New York Health and Essential Rights (NY HERO) Act, all employers with worksites in New York State are required to promptly activate an exposure prevention plan. The designation of COVID-19 as a highly contagious communicable disease will remain in place through at least September 30, 2021, at which point it will be reevaluated by the state commissioner of health.

Based on the NY HERO Act’s requirements, many employers in New York have already adopted exposure prevention plans. For these employers, the adopted plans should be activated and followed until the designation has been lifted. Any employer with a worksite in New York that has not already adopted an exposure prevention plan (which satisfies the requirements under the NY HERO Act) should adopt one as soon as possible.

We are closely tracking NY HERO Act developments and will publish further guidance when additional information becomes available. If you have any questions related to the act, please reach out to a member of the Cooley employment team.

Related Contacts
Frederick Baron Senior Counsel Palo Alto
Ann Bevitt Partner London
Wendy Brenner Partner Palo Alto, Los Angeles
Leslie Cancel Special Counsel San Francisco
Helenanne Connolly Partner Reston
Jane Jeong Associate New York
Elizabeth Lewis Senior Counsel Washington, DC, Reston
Joseph Lockinger Associate New York
Joshua Mates Partner San Francisco
Gerard O'Shea Partner New York
Miriam Petrillo Special Counsel Chicago
Bronwyn L. Roberts Special Counsel Boston
Gregory Tenhoff Partner Palo Alto
Ryan Vann Partner Chicago
Lois Voelz Senior Counsel Palo Alto
Summer Wynn Partner San Diego, Los Angeles
Steven A. Zuckerman Associate New York
Related Practices & Industries

Employment & Labor