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Keep Your Safety Plans in Place: New York HERO Act COVID-19 Designation Extended Until February 15, 2022

The  New York State Acting Commissioner of Health has extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the NY HERO Act until February 15, 2022. Accordingly, the airborne infectious disease exposure prevention plans required under Section 1 of the Act must be kept in place through that date, at which point the Commissioner will review whether the designation should be continued.

As a reminder, the New York State Department of Labor recently issued a proposed rule regarding workplace safety committees pursuant to Section 2 of the NY HERO Act. A hearing on the proposed rule is scheduled for February 9, 2022 at 11:00 a.m., and public comments will be accepted for five days thereafter (or longer, if a second hearing is scheduled). As we previously explained, the proposed rule establishes the procedure for employees to request formation of a workplace safety committee and the requirements employers that receive such requests must follow. We will keep you apprised of the status of the proposed rule, which will apply to all New York private employers with at least ten employees.