{"id":"SEC-10-029","kind":"order","level":"state","jurisdiction":"New York","state":"NY","metro":"","industry":"10","agency":"","eco":"","issuer":"New York State Legislature; Governor (L. 2021, ch. 105)","authority":"Labor Law § 218-b (New York Health and Essential Rights Act)","instrument":"S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021)","title":"An act to amend the labor law, in relation to preventing occupational exposure to an airborne infectious disease","dateIssued":"2021-05-05","effective":"2021-06-04 (§ 218-b; plan adoption within 30 days of the DOL model standard, i.e., by Aug. 5, 2021)","end":"Continuing statute; plans activated only while a designation is in effect","startDate":"2021-06-04","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["EMP"],"addressees":["every employer in New York State (private employers)"],"clause":"Every employer shall establish an airborne infectious disease exposure prevention plan either by adopting the model standard relevant to their industry... or by establishing an alternative plan... [the plan] shall go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health","enforcement":"Labor Law § 218-b(5): civil penalties ($50 per day for failure to adopt; $1,000-$10,000 for failure to abide, higher for repeat); private right of action (as amended)","functions":["PF","WH","EN","HR","WF"],"notes":"DOL published industry-specific model plans including Manufacturing and Industry (July 6, 2021); the manufacturing template prescribes health screening, face coverings where six feet cannot be kept, distancing, hygiene, cleaning and controls while a designation is in effect","sourceUrl":"https://legislation.nysenate.gov/pdf/bills/2021/S1034B","snapshot":"","fileExists":true,"fileBytes":24322,"grade":"primary","character":"","description":"","collection":"SEC-10","url":"/library/SEC-10-029","exhibitUrl":"/exhibit/SEC-10-029","citation":"New York State Legislature; Governor (L. 2021, ch. 105), S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021) (Ex. SEC-10-029)","stateName":"New York","related":[]}