{"id":"DUT-NY-014","kind":"duty","level":"state","jurisdiction":"New York","state":"NY","metro":"","industry":"","agency":"","eco":"","issuer":"New York State Legislature (Labor Law, article 7; NY HERO Act, L. 2021, ch. 105, § 1, as amended by L. 2021, ch. 142); Commissioner of Labor in consultation with the Commissioner of Health","authority":"N.Y. Const. art. I, § 17; police power","instrument":"N.Y. Labor Law § 218-b (prevention of occupational exposure to an airborne infectious disease), codified text as amended","title":"Prevention of occupational exposure to an airborne infectious disease","dateIssued":"2021-05-05","effective":"2021-07-04 (statute); plans due 2021-08-05 (thirty days after the July 6, 2021 model standards, Ex. NY-129); plans activated 2021-09-06 (Commissioner of Health designation, Ex. NY-127)","end":"standing (designation continued to October 31, 2021 and beyond, Ex. NY-128)","startDate":"2021-07-04","endDate":"2021-10-31","quarters":["2021Q3"],"types":["DUTY","EMP","MASK","CAP","QUAR"],"addressees":["employers (every private entity or business with a worksite in the State, including staffing, contractor and delivery arrangements per § 218-b(1)(a)); protects employees and \u0027third parties such as customers, contractors, and members of the public within the workplace\u0027"],"clause":"4. (a) Within thirty days after the commissioner publishes the model general standard and the model standard relevant to the industry, each employer shall establish an airborne infectious disease exposure prevention plan either by adopting the model standard relevant to their industry promulgated pursuant to this section as its airborne infectious disease exposure prevention plan or by establishing an alternative plan that equals or exceeds the minimum standards provided by the model standard.","enforcement":"§ 218-b(10)(a): civil penalty \u0027of not less than fifty dollars per day for failure to adopt an airborne infectious disease exposure prevention plan, or not less than one thousand dollars nor more than ten thousand dollars for failure to abide by an adopted\u0027 plan, higher for a violation within six years; § 218-b(8): anti-retaliation, including the employee\u0027s right to refuse work under conditions \u0027inconsistent with laws, rules, policies, orders of any governmental entity\u0027","functions":[],"notes":"Every private employer with a worksite in New York to adopt, distribute in writing, post and make available an airborne infectious disease exposure prevention plan meeting the Department of Labor\u0027s model standards on \u0027employee health screenings,\u0027 \u0027face coverings,\u0027 PPE \u0027at the expense of the employer,\u0027 hand hygiene, \u0027regular cleaning and disinfecting,\u0027 \u0027effective social distancing for employees and consumers or customers... including... limiting capacity of customers or consumers,\u0027 compliance with isolation and quarantine orders, engineering controls, a supervisory enforcer and exposure notification (§ 218-b(2)(a)-(k)), and to activate the plan when the Commissioner of Health designated COVID-19 (September 6, 2021).","sourceUrl":"https://newyork.public.law/laws/n.y._labor_law_section_218-b","snapshot":"","fileExists":true,"fileBytes":327436,"grade":"primary","character":"covid_workplace_rule","description":"","collection":"DUT-NY","url":"/library/DUT-NY-014","exhibitUrl":"/exhibit/DUT-NY-014","citation":"New York State Legislature (Labor Law, article 7; NY HERO Act, L. 2021, ch. 105, § 1, as amended by L. 2021, ch. 142); Commissioner of Labor in consultation with the Commissioner of Health, N.Y. Labor Law § 218-b (prevention of occupational exposure to an airborne infectious disease), codified text as amended (standing) (Ex. DUT-NY-014)","stateName":"New York","related":["NY-128","NY-129","NY-127","NY-082","DUT-NY-015","NY-130","NY-136","NY-132"]}