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Ex. NY-082 Order Primary source read

Chapter 105 of the Laws of 2021 (S.1034-B), the New York Health and Essential Rights Act (NY HERO Act)

An act to amend the labor law, in relation to the prevention of occupational exposure to an airborne infectious disease

New York State Legislature (S.1034-B, signed by Governor Andrew M. Cuomo) · New York (State)

The COVID Project

The record

Jurisdiction
New York
Level
State
Authority
N.Y. Const. art. III; adds Labor Law 218-b and 27-d
Issued
2021-05-05 May 5, 2021
Effective
Section 1 (Labor Law 218-b) 'shall take effect on the thirtieth day after it shall have become a law' (June 4, 2021); section 2 (Labor Law 27-d, workplace safety committees) on the 180th day (Nov. 1, 2021) (read as 2021-06-04)
End
Permanent (read as 2021-09-30)
In force
June 4, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Workplace rulesOther
Addressees
  • every private employer in New York State
  • the Commissioner of Labor and the Commissioner of Health
Functions reached
  • OF workplace
  • HR (plan adoption and distribution within 30 days; training)
  • WF (controls on activation)
  • all in-person functions
Collection
New York NY

Operative words

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.

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's record ('signed chap.105')

Retrieval note

Bill text as passed.