
By Rose Miller
Gov. Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act) into law on May 5. This new act will impose substantial responsibilities on all private employers to provide and maintain safe workplaces for the ongoing COVID-19 pandemic, and for all airborne infectious disease outbreaks in the future.
Don’t shoot the messenger. Seems like New York has rolled out a new regulation to implement every month. A whole host of changes will need to be put in place by Sept. 2. As a small business owner, I feel your pain.
The first thing employers will need to do is to develop an industry specific prevention work plan. Work plans include how the employer handles workplace safety protocols such as health screenings, face coverings, personal protective equipment, hygiene stations, regular cleaning/disinfecting, social distancing, and other controls related to infectious disease safety concerns. There are some options for employers under a collective bargaining agreement.
Some employers have had some type of prevention work plan already in place. My firm was one of the only vendors, who included such a work plan as a supplement to the employee handbook. Existing plans will need to be updated to comply with the act and it must be included in all employee handbooks and posted at all work sites.
Many employers are waiting for the Department of Labor model which is expected around July 4. However, there is great deal of work to be done in mapping out the who, what, where and how the plan works specific to your organizations. A customized plan must meet or exceed the minimum standards in the act and plans must include participation of employees in its development.