New York: Model HERO Act Updates Face Covering and Social Distancing Requirements


All Employers with NY Employees


September 23, 2021


Contact HR On-Call

(888) 378-2456

Earlier this year, New York state issued the NY HERO Act, which implemented new COVID-19 related safety requirements.  On September 23, 2021, the state Department of Labor further updated the requirements for face coverings and social distancing as provided in its model plan.

The previous NY HERO Act model plan required all employees to wear face coverings and did not distinguish between vaccinated and unvaccinated employees.  In the updated model plan, face coverings are recommended but no longer required for employees in workplaces where all individuals on the premises are vaccinated.  It also removed references to face coverings in the paragraph regarding social distancing.

Additionally, the model plan removed specific references to when social distancing must be observed. Instead, it more generally refers to social distancing guidance as advised by the State Department of Health or the Centers for Disease Control and Prevention. However, the model plan must still include the health and safety controls employers will implement when distancing cannot be observed. Notably, COVID-19’s official designation as an “airborne infectious disease” under the HERO Act has been extended through October 31, 2021.

Action Items

  1. Update safety plans accordingly.
  2. Train employees on the topics set forth in the model NY HERO Act plan.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2021 ManagEase