NEW MEASURES IMPOSE SERIOUS BURDENS ON RECOVERING BUSINESS
NY Hero Act Misses the Mark
Hauppauge, NY, 5/20/2021: New York Employers still recovering from the devastating impact of the COVID-19 pandemic, are now faced with extensive new workplace health and safety protections imposed by New York State. The New York Health and Essential Rights Act (NY Hero Act) requires New York Department of Labor (NYDOL) to issue enforceable minimum workplace health and safety standards, while also imposing significant new health and safety obligations on private businesses. While New York Employers are already required to abide by New York Forward industry-specific reopening guidelines, the act sets forth mandatory standards for ALL airborne infectious diseases.
All New York employers, regardless of size, would subsequently be required to: (i) implement a health and safety plan that meets or exceeds these standards; (ii) post that plan in the workplace; and (iii) distribute a copy of the plan to all employees. Additional restrictions and regulations are pending announcement. Employers who fail to adopt a plan would be subject to a penalty of at least $50 per day until a plan is implemented, and employers who fail to comply with an adopted plan could be subject to fines ranging from $1,000 to $10,000. (National Law Review)
IgniteLI Executive Director Patrick Boyle discusses the pros and cons of the new legislation, “New York State created this bill with the best of intentions, IgniteLI stands by their support of worker health and welfare, but this legislation is not the answer.” He went on to say, “The Hero-Act creates new opportunities for liability and disincentivizes business. The act introduces new burdens on already overwhelmed businesses, creating more regulations in an already over-regulated business climate” he said.
“Healthy employees and staff members are critical to any operation,” said members of IgniteLI in a joint statement. “However, legislating health in the workplace through arbitrary and punitive regulations creates unnecessary division, tension and organization discord.”
The HERO Act stands to impose significant new obligations on employers as employees begin to return to in-person work more consistently. If Governor Cuomo signs the Act, New York employers should be prepared to rapidly comply with NYDOL standards, which must be issued thirty days from the date that the bill becomes law. Employers should also make a plan to implement and distribute adopted health and safety plans and provide managers with both policy compliance and anti-retaliation training. Finally, New York employers should prepare to include joint labor-management workplace safety committees in decisions regarding workplace health and safety.
