On Feb. 15, 2022, the NYS Commissioner of Health extended the NY HERO Act designation for a fifth time through March 17, 2022. The Commissioner will review the CDC’s level of transmission of COVID-19 at that time and determine whether to continue the designation (extend further) or not. Based on the Commissioner’s designations, if the CDC’s level of transmission in New York continues to be “high” or “substantial,” it seems highly likely that the Commissioner will continue the designation. 

In light of the continued designation, covered employers (all private employers with a worksite(s) in New York state) should continue to have their NY HERO Act Airborne Infectious Disease Exposure Prevention Plans in place. 

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