ILN Today

As we previously reported, as of September 6, 2021, all New York HERO Act (“HERO Act”) airborne infectious disease exposure prevention plans (“Safety Plans”) must be implemented due to COVID-19 being designated as a serious public health risk under the HERO Act. This designation was recently extended until at least October 31, 2021, per the New York Commissioner of Health’s announcement.

To help employers comply with the HERO Act’s requirements, the New York State Department of Labor (“NYSDOL”) has published a variety of guidance materials, such as model Safety Plans, including Information and Frequently Asked Questions (“FAQs”) that were recently updated. The new FAQs contain important changes for employers concerning Safety Plans, as required under Section 1 of the HERO Act, as well as the HERO Act’s joint labor-management workplace safety committee requirements under Section 2, effective November 1, 2021. FAQs are now available in 11 languages on the NYSDOL’s HERO Act website.

On Friday, October 1, 2021, the New York State Division of Human Rights (“the Division”), the agency responsible for enforcement of the New York State Human Rights Law (“NYSHRL”), issued a notice, partially reproduced on the Division’s website, announcing a significant change in policy regarding the agency’s processes for complaint resolution: after October 12, 2021, the Division will no longer grant requests for discontinuance of complaints due to confidential private settlements.