Skip to content
The COVID Project
  1. Library
  2. Logistics, Warehousing and Wholesale
  3. SEC-11-031

Ex. SEC-11-031 Order Primary source read

N.Y. Labor Law § 218-b: Airborne infectious disease exposure prevention standard (statutory text)

New York Health and Essential Rights Act (HERO Act), Labor Law § 218-b

New York State Legislature (L. 2021, ch. 105, as amended by ch. 146); Commissioner of Health (designation); Department of Labor (standard) · New York (State)

Open exhibit (PDF, 183 KB)Source (opens in a new tab)Archived copy (opens in a new tab)
The COVID Project

The record

Jurisdiction
New York
Level
State
Authority
N.Y. Labor Law § 218-b (HERO Act), effective June 4, 2021 (as amended June 11, 2021)
Issued
2021-05-05 May 5, 2021
Effective
2021-06-04 (statute; signed May 5, 2021; amended June 11, 2021, AGY-ST-LABOR-WORKPLACE-011); model standard published July 6, 2021; plans required by Aug. 5, 2021. (read as 2021-06-04)
End
Statute remains (read as 2022-03-17)
In force
June 4, 2021 to Mar. 17, 2022
Quarters
2021 Q22021 Q3
Limitation types
Face-covering requirementWorkplace rulesOther
Addressees
  • every private employer in New York State
Functions reached
  • WH (activated plan: screening, face coverings, distancing, cleaning, PPE at employer's expense)
  • OP
  • DR (drivers within the employer's worksites and vehicles)
  • WF (screening and exclusion)
Collection
Logistics, Warehousing and Wholesale SEC-11

Operative words

(e) 'Airborne infectious disease' shall mean any infectious viral, bacterial or fungal disease that is transmissible through the air in the form of aerosol particles or droplets and is designated by the commissioner of health a highly contagious communicable disease that presents a serious risk of harm to the public health.... [employers must] establish an airborne infectious disease exposure prevention plan... [standards for] employee health screenings; face coverings;... personal protective equipment... at the expense of the employer; accessible workplace hand hygiene stations...; regular cleaning and disinfecting of shared equipment and frequently touched surfaces...; effective social distancing... Civil penalties: not less than $50 per day for failure to adopt a plan; $1,000 to $10,000 for failure to abide by an adopted plan; enhanced penalties up to $20,000 for repeat violations.

Enforcement

Labor Law § 218-b(3): civil penalties as stated; Commissioner of Labor enforcement; private right of action for injunctive relief

Notes

The Q3 2021 New York instrument for every warehouse and terminal: upon the Sept. 6, 2021 designation every private employer had to activate its plan.

Retrieval note

Statutory text verified_primary (2,793 words rendered from the Senate's Sept. 20, 2021 capture).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.