As explained more fully below, the New York Health and Essential Rights Act1 (“HERO Act” or the “Act”) requires private employers to create a written plan (the “Plan”) to minimize or eliminate occupational exposure to airborne infectious diseases2 in the workplace by August 5, 2021. The second part of the Act requires employers with at least 10 employees to permit the creation of a joint employer-employee workplace health and safety committee, by November 1, 2021.

On May 5, 2021, New York Governor Andrew Cuomo signed the HERO Act into law, adding two new sections to the New York Labor Law: (1) Section 218-b, regarding airborne infectious disease prevention plans and standards; and (2) Section 27-D, regarding joint management workplace safety committees.