On December 22, 2021, the New York State Department of Labor (NY DOL) issued the long-awaited proposed rule (Proposed Rule) regarding the workplace safety committees that are required by the New York HERO Act (HERO Act). While there is no current effective date for the Proposed Rule (which is first subject to a public comment period and a February 9, 2022 hearing), employers should become familiar with, and consider taking actions to timely comply with the Proposed Rule should it be adopted as currently drafted.
In May of 2021, New York responded to workplace safety and health issues presented by the COVID-19 pandemic by enacting the HERO Act. Since that time, the State has amended the HERO Act to allow the NY DOL additional time to create model safety standards for infectious disease exposure plans (“safety plans”) mandated by the HERO Act and to allow employers additional time for compliance.
The HERO Act has two key requirements for employers. Section 1 (NY Labor Law § 218-B) requires that employers create a safety plan, which requirement was activated on September 6, 2021, when COVID-19 was designated as a highly contagious communicable disease that presents a serious risk of harm to public health (and such designation was recently extended until January 15, 2022).
The NY DOL previously promised guidance on Section 2 (NY Labor Law § 27-D), which requires that employers in the State with ten or more employees allow employees to form a “workplace safety...
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