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New York State Employer Obligations Under New York's HERO Act Lifted!

Effective March 17, 2022, the New York State Department of Health (NYSDOH) ended its designation of COVID-19 as a highly contagious communicable disease

that presents a serious risk of harm to the public health under the NY Hero Act.


As a result, employers are no longer required to implement their NY Hero Act workplace safety plans, which included health screenings, physical distancing, and cleaning and disinfection. However, while there is no designation of COVID-19 as a highly contagious communicable disease, employers are still required to comply with the Act, including:

  • Maintaining an airborne infectious disease exposure prevention plan.

  • Distributing copies of the plan to employees within 30 days after creation.

  • Providing a copy to any new employees when they are hired.

  • Posting the plan in each work site so employees can view it.

  • Updating the plan as necessary.

Employers should remain alert to any changes from the NYSDOH to ensure compliance with the NY Hero Act in the event of a re-designation.