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Ex. ECO-B-120 Order Primary source read

N.Y. Labor Law 218-b, Prevention of occupational exposure to an airborne infectious disease (HERO Act)

HERO Act: every private employer must adopt an airborne infectious disease exposure prevention plan meeting Department of Labor standards and activate it upon the Commissioner of Health's designation

New York State Legislature (L. 2021, ch. 105, May 5, 2021, as amended by ch. 263, June 11, 2021) · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
N.Y. Labor Law 218-b (New York Health and Essential Rights Act)
Issued
2021-05-05 May 5, 2021
Effective
June 4, 2021 (plans required by Aug. 5, 2021 under DOL standard of July 6, 2021). (read as 2021-06-04)
End
in force (statute) (read as 2021-09-30)
In force
June 4, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Face-covering requirementWorkplace rulesQuarantine and isolation
Addressees
  • every private employer in New York ('Employer' includes any person, entity, business... employing... any employee); employees including part-time, independent contractors, domestic workers, home care and personal care workers, day laborers, farmworkers
Functions reached
  • WF
  • OP
  • HR
Collection
Workforce, schools and child care ECO-B

Operative words

'218-b. Prevention of occupational exposure to an airborne infectious disease. 1. For purposes of this section... (a) "Employee" shall mean any person providing labor or services for remuneration for a private entity or business within the state, without regard to an individual's immigration status, and shall include part-time workers, independent contractors, domestic workers, home care and personal care workers, day laborers, farmworkers, and other temporary and seasonal workers... (b) "Work site" shall mean any physical space, including a vehicle, that has been designated as the location where work is performed over which an employer has the ability to exercise control... The term shall not include a telecommuting or telework site unless the employer has the ability to exercise control over such site.' (as captured Sept. 20, 2021)

Enforcement

N.Y. Labor Law 218-b(6), (7) (civil penalties; private right of action)

Notes

Statute in force in Q3 2021;

Retrieval note

Statutory text as posted by the New York State Senate, captured Sept. 20, 2021.