Legal Analysts

Tuesday, August 31, 2021

Emergency Regulation Released to Guide Employers on Immediately Complying with NY HERO Act

As previously reported on this Blog,  the New York Health and Essential Rights Act ("NY HERO Act") requires employers to take various measures to protect employees in the event of a future airborne infectious disease outbreak.  An "emergency regulation"  and "proposed final regulation" was recently released to clarify and implement certain requirements contained in the NY HERO ACT so employers are prepared in the event the NY Health Commissioner designates an airborne infectious disease as highly contagious. 

Specifically, the regulation designated as 12 NYCRR 840.1, entitled "Airborne Infections Disease Exposure Prevention Standard" requires employers to:

  • Establish a written exposure prevention plan designed to eliminate or minimize employee exposure in the event of an outbreak of an airborne infectious disease;
  • Update exposure prevention plans whenever necessary to reflect new or modified tasks which affect occupational exposure and to reflect new or modified employee assignments;
  • Make exposure prevention plans available, upon requests, to all employees;
  • Select and obtain appropriate exposure controls appropriate for exposure risks (i.e. health screenings, masks, distancing, hygiene, etc.); and 
  • Prohibit employers from retaliating against employees for exercising their rights under an employer's exposure prevention plan. 

Do you agree with this proposed final regulation? 

To make your voice heard, comments should be sent to Michael Paglialonga, Department of Labor, at, by November 2, 2021.