{"id":"NY-082","kind":"order","level":"state","jurisdiction":"New York","state":"NY","metro":"","industry":"","agency":"","eco":"","issuer":"New York State Legislature (S.1034-B, signed by Governor Andrew M. Cuomo)","authority":"N.Y. Const. art. III; adds Labor Law 218-b and 27-d","instrument":"Chapter 105 of the Laws of 2021 (S.1034-B), the New York Health and Essential Rights Act (NY HERO Act)","title":"An act to amend the labor law, in relation to the prevention of occupational exposure to an airborne infectious disease","dateIssued":"2021-05-05","effective":"Section 1 (Labor Law 218-b) \u0027shall take effect on the thirtieth day after it shall have become a law\u0027 (June 4, 2021); section 2 (Labor Law 27-d, workplace safety committees) on the 180th day (Nov. 1, 2021)","end":"Permanent","startDate":"2021-06-04","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["EMP","OTHER"],"addressees":["every private employer in New York State","the Commissioner of Labor and the Commissioner of Health"],"clause":"218-b. Prevention of occupational exposure to an airborne infectious disease... [the Commissioner of Labor] shall create and publish, in both English and Spanish, a model airborne infectious disease exposure prevention standard... 4. (a) Every employer shall establish an airborne infectious disease exposure prevention plan either by adopting the model standard relevant to their industry... or by establishing an alternative plan that meets or exceeds the minimum standards... 6. The airborne infectious disease exposure prevention plan shall be [activated when an airborne infectious disease is] designated a highly contagious communicable disease that presents a serious risk of harm to the public health","enforcement":"Labor Law 218-b: civil penalties for failure to adopt a plan and for failure to abide by an adopted plan; anti-retaliation.","functions":["OF workplace","HR (plan adoption and distribution within 30 days; training)","WF (controls on activation)","all in-person functions"],"notes":"DOL published the Standard and model plans July 6, 2021 (Exs. NY-129, NY-130); plans mandatory Aug. 5, 2021; activated by the Sept. 6, 2021 designation (Ex. NY-127); chapter number confirmed from the Assembly\u0027s record (\u0027signed chap.105\u0027)","sourceUrl":"https://legislation.nysenate.gov/pdf/bills/2021/S1034B","snapshot":"","fileExists":true,"fileBytes":24322,"grade":"primary","character":"","description":"","collection":"NY","url":"/library/NY-082","exhibitUrl":"/exhibit/NY-082","citation":"New York State Legislature (S.1034-B, signed by Governor Andrew M. Cuomo), Chapter 105 of the Laws of 2021 (S.1034-B), the New York Health and Essential Rights Act (NY HERO Act) (May 5, 2021) (Ex. NY-082)","stateName":"New York","related":["NY-129","NY-130","NY-127","DUT-NY-012","DUT-NY-014"]}