On December 22, 2021, the New York State Department of Labor (“NYDOL”) issued a proposed rule regarding workplace safety committees under the HERO Act. As we have previously reported, the HERO Act requires all employers in New York State to adopt a prevention plan to protect against the spread of COVID-19 and other airborne infectious diseases in the workplace. Section 2 of the Act also requires employers with at least 10 employees to allow employees to “establish and administer a join labor-management workplace safety committee.” A summary of the proposed rule regarding Section 2 of the Act is provided below.
While there is no affirmative obligation for employers to create a workplace safety committee, covered employers must allow employees to create a committee upon request. According to the proposed rule, the request must be made in writing by at least two non-supervisory employees at the worksite. Multiple requests for committee recognition by one or more non-supervisory employees must be combined and treated as a single request. Requests for committee recognition received after a committee has been recognized must be denied and referred to the existing committee.
According to the proposed rule, employers must respond to recognition requests “with reasonable promptness.” Once the employer recognizes the workplace safety committee, the employer must provide notice to all employees at the worksite within five days of recognition....
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