The COVID Project
The record
- Jurisdiction
- New York
- Level
- State
- Authority
- N.Y. Labor Law § 218-b (HERO Act), effective June 4, 2021 (as amended June 11, 2021)
- Issued
- 2021-05-05 May 5, 2021
- 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. (read as 2021-06-04)
- End
- Statute remains (read as 2022-03-17)
- In force
- June 4, 2021 to Mar. 17, 2022
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Face-covering requirementWorkplace rulesOther
- Addressees
- every private employer in New York State
- Functions reached
- WH (activated plan: screening, face coverings, distancing, cleaning, PPE at employer's expense)
- OP
- DR (drivers within the employer's worksites and vehicles)
- WF (screening and exclusion)
- Collection
- Logistics, Warehousing and Wholesale SEC-11
Operative words
(e) 'Airborne infectious disease' 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
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.
Retrieval noteStatutory text verified_primary (2,793 words rendered from the Senate's Sept. 20, 2021 capture).