{"id":"SEC-11-031","kind":"order","level":"state","jurisdiction":"New York","state":"NY","metro":"","industry":"11","agency":"","eco":"","issuer":"New York State Legislature (L. 2021, ch. 105, as amended by ch. 146); Commissioner of Health (designation); Department of Labor (standard)","authority":"N.Y. Labor Law § 218-b (HERO Act), effective June 4, 2021 (as amended June 11, 2021)","instrument":"N.Y. Labor Law § 218-b: Airborne infectious disease exposure prevention standard (statutory text)","title":"New York Health and Essential Rights Act (HERO Act), Labor Law § 218-b","dateIssued":"2021-05-05","effective":"2021-06-04 (statute; signed May 5, 2021; amended June 11, 2021, AGY-ST-LABOR-WORKPLACE-011); model standard published July 6, 2021; plans required by Aug. 5, 2021.","end":"Statute remains","startDate":"2021-06-04","endDate":"2022-03-17","quarters":["2021Q2","2021Q3"],"types":["EMP","MASK","OTHER"],"addressees":["every private employer in New York State"],"clause":"(e) \u0027Airborne infectious disease\u0027 shall mean any infectious viral, bacterial or fungal disease that is transmissible through the air in the form of aerosol particles or droplets and is designated by the commissioner of health a highly contagious communicable disease that presents a serious risk of harm to the public health.... [employers must] establish an airborne infectious disease exposure prevention plan... [standards for] employee health screenings; face coverings;... personal protective equipment... at the expense of the employer; accessible workplace hand hygiene stations...; regular cleaning and disinfecting of shared equipment and frequently touched surfaces...; effective social distancing... Civil penalties: not less than $50 per day for failure to adopt a plan; $1,000 to $10,000 for failure to abide by an adopted plan; enhanced penalties up to $20,000 for repeat violations.","enforcement":"Labor Law § 218-b(3): civil penalties as stated; Commissioner of Labor enforcement; private right of action for injunctive relief","functions":["WH (activated plan: screening, face coverings, distancing, cleaning, PPE at employer\u0027s expense)","OP","DR (drivers within the employer\u0027s worksites and vehicles)","WF (screening and exclusion)"],"notes":"The Q3 2021 New York instrument for every warehouse and terminal: upon the Sept. 6, 2021 designation every private employer had to activate its plan.","sourceUrl":"https://www.nysenate.gov/legislation/laws/LAB/218-B","snapshot":"http://web.archive.org/web/20210920152734/https://www.nysenate.gov/legislation/laws/LAB/218-B","fileExists":true,"fileBytes":187788,"grade":"primary","character":"","description":"","collection":"SEC-11","url":"/library/SEC-11-031","exhibitUrl":"/exhibit/SEC-11-031","citation":"New York State Legislature (L. 2021, ch. 105, as amended by ch. 146); Commissioner of Health (designation); Department of Labor (standard), N.Y. Labor Law § 218-b: Airborne infectious disease exposure prevention standard (statutory text) (May 5, 2021) (Ex. SEC-11-031)","stateName":"New York","related":["AGY-ST-LABOR-WORKPLACE-011"]}