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Echoing his mantra of building back better, on May 5, 2021, New
York State Governor Andrew Cuomo signed the New York Health and
Essential Rights Act (NY HERO Act), which mandates extensive new
workplace health and safety protections in response to the COVID-19
pandemic. While New York employers are already required to abide by
Governor Cuomo s executive orders and adopt the New York Forward
industry-specific guidances and reopening guidelines, the act sets
forth mandatory standards not just for COVID-19, but for all
airborne infectious diseases.
Section 1 of the act requires the New York State commissioner of
IMPLICATIONS FOR EMPLOYERS
The announcement means that existing industry-based limitations applicable to offices, retail, food services, gyms and fitness centers, amusement and family entertainment, hair salons, offices, and other industries will no longer be in place. It does not specifically address whether vaccinated individuals will be subject to required social distancing. During the press conference at which he made the announcement, Gov. Cuomo suggested that there may be social distancing exemptions for vaccinated individuals, and also noted that the use of physical barriers would (as now) allow restaurants to set parties within six feet of each other. Gov. Cuomo also specifically proposed that businesses incentivize vaccination, for example by allocating more seats for vaccinated individuals while applying the six-foot rule (requiring six feet of social distancing between individuals/groups to non-vaccinated individuals. The example raises the prospect that the six-foot dist
Thursday, May 6, 2021
Echoing his mantra of building back better, on May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. While New York employers are already required to abide by Governor Cuomo’s executive orders and adopt the New York Forward industry-specific guidances and reopening guidelines, the act sets forth mandatory standards not just for COVID-19, but for all airborne infectious diseases.
Section 1 of the act requires the New York State commissioner of labor, in consultation with the state department of health, to create and publish a model airborne infectious disease exposure prevention standard and requires all private employers to implement such model or similar plans at their worksites. Section 1 takes effect on June 4, 2021.
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Echoing his mantra of building back better, on May 5, 2021, New York State Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. While New York employers are already required to abide by Governor Cuomo’s executive orders and adopt the New York Forward industry-specific guidances and reopening guidelines, the act sets forth mandatory standards not just for COVID-19, but for all airborne infectious diseases.
Section 1 of the act requires the New York State commissioner of labor, in consultation with the state department of health, to create and publish a model airborne infectious disease exposure prevention standard and requires all private employers to implement such model or similar plans at their worksites. Section 1 takes effect on June 4, 2021.
IMPLICATIONS FOR EMPLOYERS
The announcement means that existing industry-based limitations applicable to offices, retail, food services, gyms and fitness centers, amusement and family entertainment, hair salons, offices, and other industries will no longer be in place. It does not specifically address whether vaccinated individuals will be subject to required social distancing. During the press conference at which he made the announcement, Gov. Cuomo suggested that there may be social distancing exemptions for vaccinated individuals, and also noted that the use of physical barriers would (as now) allow restaurants to set parties within six feet of each other. Gov. Cuomo also specifically proposed that businesses incentivize vaccination, for example by allocating more seats for vaccinated individuals while applying the six-foot rule (requiring six feet of social distancing between individuals/groups to non-vaccinated individuals. The example raises the prospect that the six-foot dist