{"id":"ECO-B-120","kind":"order","level":"state","jurisdiction":"New York","state":"NY","metro":"","industry":"","agency":"","eco":"B","issuer":"New York State Legislature (L. 2021, ch. 105, May 5, 2021, as amended by ch. 263, June 11, 2021)","authority":"N.Y. Labor Law 218-b (New York Health and Essential Rights Act)","instrument":"N.Y. Labor Law 218-b, Prevention of occupational exposure to an airborne infectious disease (HERO Act)","title":"HERO Act: every private employer must adopt an airborne infectious disease exposure prevention plan meeting Department of Labor standards and activate it upon the Commissioner of Health\u0027s designation","dateIssued":"2021-05-05","effective":"June 4, 2021 (plans required by Aug. 5, 2021 under DOL standard of July 6, 2021).","end":"in force (statute)","startDate":"2021-06-04","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["EMP","QUAR","MASK"],"addressees":["every private employer in New York (\u0027Employer\u0027 includes any person, entity, business... employing... any employee); employees including part-time, independent contractors, domestic workers, home care and personal care workers, day laborers, farmworkers"],"clause":"\u0027218-b. Prevention of occupational exposure to an airborne infectious disease. 1. For purposes of this section... (a) \u0022Employee\u0022 shall mean any person providing labor or services for remuneration for a private entity or business within the state, without regard to an individual\u0027s immigration status, and shall include part-time workers, independent contractors, domestic workers, home care and personal care workers, day laborers, farmworkers, and other temporary and seasonal workers... (b) \u0022Work site\u0022 shall mean any physical space, including a vehicle, that has been designated as the location where work is performed over which an employer has the ability to exercise control... The term shall not include a telecommuting or telework site unless the employer has the ability to exercise control over such site.\u0027 (as captured Sept. 20, 2021)","enforcement":"N.Y. Labor Law 218-b(6), (7) (civil penalties; private right of action)","functions":["WF","OP","HR"],"notes":"Statute in force in Q3 2021;","sourceUrl":"https://www.nysenate.gov/legislation/laws/LAB/218-B","snapshot":"https://web.archive.org/web/20210920152734/https://www.nysenate.gov/legislation/laws/LAB/218-B","fileExists":true,"fileBytes":187788,"grade":"primary","character":"","description":"","collection":"ECO-B","url":"/library/ECO-B-120","exhibitUrl":"/exhibit/ECO-B-120","citation":"New York State Legislature (L. 2021, ch. 105, May 5, 2021, as amended by ch. 263, June 11, 2021), N.Y. Labor Law 218-b, Prevention of occupational exposure to an airborne infectious disease (HERO Act) (May 5, 2021) (Ex. ECO-B-120)","stateName":"New York","related":[]}