Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Alerts
    4. HERO Act update: New York employers must immediately implement their airborne infectious disease exposure prevention plan

      Alerts

    Alert / Labor & Employment

    HERO Act update: New York employers must immediately implement their airborne infectious disease exposure prevention plan

    Sep 13, 2021

    LinkedInX (Twitter)EmailCopy URL

    By Stephanie Caffera

    Employers must act now to comply with HERO Act after health commissioner issues designation regarding COVID-19.

    What’s the impact?

    • Start planning now to implement your airborne infectious disease exposure prevention plan, and consult with counsel to review additional obligations under the HERO Act’s requirements
    • New York businesses should anticipate NYDOL publishing HERO Act-related regulations in the near future

    DOWNLOAD

    NY airborne disease exposure prevention plan

    On September 6, 2021, New York Governor Kathy Hochul officially announced that the Commissioner of Health has designated COVID-19 “a highly contagious communicable disease that presents a serious risk of harm to the public health,” thereby triggering several employer requirements under the HERO Act.

    As discussed in our prior alerts, the HERO Act required all private employers to adopt an infectious disease exposure prevention plan by August 5, 2021. However, employers are not required to actually implement their plan under the Act unless and until “a highly contagious communicable disease is designated by the Commissioner of Health as presenting a serious risk of harm to the public health[.]”

    Now that the Commissioner of Health has issued this designation regarding COVID-19, employers are required to:

    • Immediately review their plan and update, if necessary, to ensure it incorporates any current information, guidance, or mandatory requirements issued by federal, state, or local governments
    • Finalize and promptly activate the exposure prevention plan
    • Conduct a “verbal review” of the plan with employees and provide each employee a copy of the exposure prevention plan in English or in the language identified as the primary language of such employee, as well as post the plan in a prominent location within the workplace
    • Ensure that the exposure prevention plan is effectively followed while the Commissioner of Health’s designation remains in effect (currently until September 30, 2021), including by continuously monitoring and maintaining exposure controls and checking for updated information and guidance
    • Designate one or more supervisory employees to enforce compliance with the exposure prevention plan, the New York Department of Labor standard, and any other federal, state, or local guidance
    • Retain any records of communications between an employer and an employee regarding a potential risk of exposure for two years following the conclusion of a designation by the Commissioner of Health

    The Commissioner of Health’s COVID-19 designation currently remains in effect until September 30, 2021, but may be extended beyond that date. Additionally, while there currently are no state guidance or regulations related to the HERO Act or employer obligations thereunder, the New York Department of Labor has indicated on its website that it will be publishing HERO Act-related regulations in the future. Employers should remain in contact with counsel over the coming days and weeks to ensure that the implementation of their airborne infectious disease exposure prevention plans and additional obligations comply with the HERO Act’s requirements.

    Locations

    New York CityLong IslandAlbanyRochester

    Practices

    Labor, Employment & BenefitsOccupational Safety & Health (OSHA)

    Insights And Happenings

    • Alert

      Fed/OSHA releases Emergency Temporary Standard regarding mandatory vaccination for US companies with 100+ employees

      Nov 4, 2021
    • Alert

      New York expands protections for whistleblowers

      Nov 2, 2021
    • Alert

      President Biden orders vaccination mandate for large employers

      Sep 10, 2021
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved