The COVID Project
The record
- Jurisdiction
- New York
- Level
- State
- Authority
- Labor Law § 218-b (New York Health and Essential Rights Act)
- Issued
- 2021-05-05 May 5, 2021
- Effective
- 2021-06-04 (§ 218-b; plan adoption within 30 days of the DOL model standard, i.e., by Aug. 5, 2021) (read as 2021-06-04)
- End
- Continuing statute; plans activated only while a designation is in effect (read as 2021-09-30)
- In force
- June 4, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rules
- Addressees
- every employer in New York State (private employers)
- Functions reached
- Collection
- Manufacturing SEC-10
Operative words
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... [the plan] shall go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health
Enforcement
Labor Law § 218-b(5): civil penalties ($50 per day for failure to adopt; $1,000-$10,000 for failure to abide, higher for repeat); private right of action (as amended)
Notes
DOL published industry-specific model plans including Manufacturing and Industry (July 6, 2021); the manufacturing template prescribes health screening, face coverings where six feet cannot be kept, distancing, hygiene, cleaning and controls while a designation is in effect
Retrieval noteThe bill text as passed.