NY HERO Act Update: State Extends Designation a Fifth Time

Seyfarth Synopsis: The New York Commissioner of Health once again extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their HERO Act safety plans activated through at least March 17, 2022.

As previously reported (here, here, here, here, and here), effective 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, thus requiring employers to activate their safety plans under the NY HERO Act.  Although the initial designation lasted through September 30, 2021, the Commissioner subsequently extended the designation four times through February 15, 2022.

Despite the rapid decrease in COVID-19 cases in New York during the last few weeks, the Commissioner has nonetheless extended the designation once again, through March 17.  On or before March 17, the Commissioner will again decide, based upon a review of the level of COVID-19 transmission at that time, whether to further extend the designation.

This means that employers must continue implementing their respective Disease Exposure Prevention Plan under the HERO Act, including daily health screenings, among other requirements.  However, as reported here, even with the designation in place, masking is no longer strictly required for most employers after the New York Department of Labor issued a revised model Disease Exposure Prevention Plan under the HERO Act.

Seyfarth will continue to monitor developments in this space and provide updates when available.