A Reminder Regarding the New York State HERO Act

On September 6, 2021, the New York State Commissioner of Health designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health. As a result, New York employers were required to activate, comply with, and enforce their HERO Act Airborne Infectious Disease Exposure Prevention Plans (“Plans”) with respect to COVID-19.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. Private sector employers were no longer required to implement their Plans.

However, the HERO Act remains law, and employers still must comply with the specific processes required by the law, including maintaining a Plan (even though in inactive status) and distributing the Plan to new employees and contractors upon hire. In the event of a future designation by the New York State Commissioner of Health of an airborne infectious disease that presents a serious risk of harm to public health, employers must be prepared to reactivate and comply with their Plans.