On May 5, 2021, New York enacted the New York Health and Essential Rights Act, or NY HERO Act (“the Act”), which is aimed at curbing the spread of airborne infectious diseases in the workplace. In September 2021, the New York State Commissioner of Health designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health,” which required the activation of exposure prevention plans and the implementation of certain safety measures under those plans.