Employer Obligations Under New York's HERO Act Extended Through February 15, 2022

On Saturday, January 15, 2022, the New York State Department of Health (NYSDOH) extended its designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health through February 15, 2022. (A copy of the NYSDOH's press release can be found here.) Accordingly, all employers must continue to administer and enforce their airborne infectious disease prevention plans.

On or before February 15, 2022, the NYSDOH Commissioner will review the level of transmission of COVID-19 in the state and determine whether to continue the designation. As detailed in our prior advisories, the NYSDOL issued guidance and FAQs detailing employer obligations under the HERO Act, which were triggered on September 6, 2021, and updated its Model Airborne Infectious Disease Exposure Prevention Plan to address face coverings in fully vaccinated workplaces.

We will continue to monitor NYSDOL's promulgation of further guidance and will provide additional advisories when that guidance is issued.

The facts, laws, and regulations regarding COVID-19 are developing rapidly. Since the date of publication, there may be new or additional information not referenced in this advisory. Please consult with your legal counsel for guidance.

DWT will continue to provide up-to-date insights and virtual events regarding COVID-19 concerns. Our most recent insights, as well as information about recorded and upcoming virtual events, are available at www.dwt.com/COVID-19.