The amendments to the NY HERO Act have been officially enacted and are now part of the statute. Those amendments clarify various deadlines and modify certain obligations to facilitate compliance by employers.
As previously reported (here and here), the HERO Act requires New York employers to adopt workplace safety protocols and to engage with employee groups on workplace health and safety concerns.
Governor Cuomo signed the Act on May 5, 2021, but simultaneously announced that he had reached agreement with the Legislature to enact certain amendments. On June 11, the Governor signed those amendments into law.
Under the now-amended statute, the following deadlines and requirements are in effect:
Model Safety Protocols
Workplace Safety Committees
While most employers will choose to await the DOL protocols and act accordingly thereafter, they should begin working with counsel to ensure compliance with all the various provisions of this one-of-a-kind workplace safety law. Employers with unionized workforces must consider whether and how the requirements under the NY Hero Act will complement or conflict with their obligations under their respective collective bargaining agreements.
Seyfarth will continue to monitor developments in this space and provide updates when available.