On September 6, Governor Kathy Hochul announced the designation of COVID-19 as an airborne infectious disease under New York State’s HERO Act. This means that all NY employers, including farms, are required to activate their airborne infectious disease plans. Employers should immediately: review and update their plans, provide a verbal review of the plan with all employees, provide written copies to employees, and post a copy of the plan in the workplace. These plans include prevention measures such as: “stay at home” policy, daily health screening, face coverings, physical distancing, etc. See this article from National Law Review: COVID-19 Designated as an Airborne Infectious Disease under New York State’s HERO Act. See this post for details about getting your plan in place.
Failure to comply with the NY HERO Act carries possible fines of $50/day for failing to adopt a plan and $1,000+/day for failing to comply with an adopted plan, according to the National Law Review. The Act also contains very strict measures against employer retaliation against an employee who complains about a lack of workplace safety measures. See the last two paragraphs of the model plan for agriculture.
Sept. 8 Release from New York Farm Bureau reprinted below provides more details:
COVID-19 Designated as an Airborne Infectious Disease Under NYS HERO Act
On Sept. 6, 2021, Gov. Kathy Hochul designated COVID-19 as an airborne infectious disease under the HERO Act, requiring all employers to implement workplace safety plans.
The purpose of the HERO Act is to protect employees against workplace exposure during airborne infectious disease outbreaks. Under this new law, the New York Department of Labor has worked with the New York State Department of Health, to develop a new Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan and industry-specific model plans for the prevention of airborne infectious disease, including an agriculture specific plan.
Employers have a choice between adopting the applicable policy template policy and plan provided by NYSDOL or they may establish an alternative plan that meets or exceeds the standard’s minimum requirements. Visit dol.ny.gov/ny-hero-act for industry-specific plans and additional resources.
Also, a reminder to agricultural employers in New York State from NYS DOL: COVID19 Paid Leave benefits are still in effect. COVID19 Paid Leave benefits do not have an expiration date. Employers may not make workers use existing sick leave or other leave accruals, in lieu of providing COVID leave benefits. Employers must provide these quarantine benefits regardless of vaccination status. For more information, please click here.
