On September 6, 2021 (Labor Day), Governor Hochul announced that the commissioner of health has designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to the public health under New York State's HERO Act. This designation requires all employers to implement workplace safety plans that were recently adopted but were not required to be placed in effect until a designation was made.

Pursuant to the requirements of the HERO Act and emergency Department of Labor regulations, implementation of the adopted plan requires employers to verbally review the prevention plan with all employees, provide each employee with a copy of the prevention plan in English or in the language identified as the primary language of such employee, and post a copy of the prevention plan in a visible and prominent location at the worksite.

Update: The Commissioner of Health has extended the designation of COVID-19 as a highly contagious communicable disease until December 15, 2021. New York employers must continue to keep in effect the airborne infectious disease prevention plans that they have adopted related to COVID-19.  According to the designation, on December 15, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine whether to continue this designation.”