The New York State Commissioner of Health has once again extended the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to public health”, through at least March 17, 2022.
On February 10, 2022, the NY Hero Act model plan was updated, with changes in the sections that cover face coverings and physical distancing:
Face Coverings – the update indicates: “Employees will wear appropriate face coverings in accordance with guidance from State Department of Health or the Centers for Disease Control and Prevention, as applicable. Consistent with the guidance from the State Department of Health, if indoor areas do not have a mask or vaccine requirement as a condition of entry, appropriate face coverings are recommended, but not required. It is also recommended that face coverings be worn by unvaccinated individuals, including those with medical exemptions, in accordance with federal CDC guidance.”
Physical Distancing: “Physical distancing will be used, to the extent feasible, as advised by guidance from State Department of Health or the Centers for Disease Control and Prevention, as applicable”.
Employers must continue to implement their safety plans, including the daily screenings of onsite employees, and continue to update Section VI (Plan Evaluations During a Designated Outbreak). As part of the evaluation updates employers must now determine if the company will revise their plan regarding face coverings and physical distancing.
PMP will continue to monitor any further developments on the NY Hero Act, when available.