New York Requires Airborne Infectious Disease Prevention Plans Under the NY HERO Act

What Changed

The New York Health and Essential Rights Act (NY HERO Act) requires all private-sector employers in New York to adopt an Airborne Infectious Disease Exposure Prevention Plan. While the HERO Act was originally enacted in 2021, compliance remains an active obligation — employers are required to have a plan in place, distribute it to employees, include it in their employee handbooks, and activate it when an airborne infectious disease is designated by the New York Commissioner of Health.

The New York State Department of Labor has published industry-specific model standards that employers can adopt directly, or employers may develop their own plans that meet or exceed the model standards. Plans must address:

• Employee health screenings

• Face coverings and personal protective equipment (PPE)

• Hand hygiene stations and adequate break times

• Social distancing protocols

• Designation of a compliance supervisor

• Housekeeping and disinfection standards

Who Is Affected

All private-sector employers in New York, regardless of size or industry. There is no employee count threshold — even single-employee businesses must comply.

Where It Applies

New York statewide. The HERO Act applies to all private-sector employers operating in New York.

When It Takes Effect

The HERO Act has been in effect since 2021. Employers should already have a plan adopted and distributed. The ongoing requirement is to ensure the plan is:

• Included in the employee handbook

• Distributed to all new hires

• Posted in a conspicuous workplace location

• Activated within 30 days when a designated airborne infectious disease is declared

Why It Matters

Employers who fail to adopt an airborne infectious disease prevention plan face fines of $50 per day. Employers who fail to follow their adopted plan can face fines from $1,000 to $10,000, with substantially higher fines for repeated violations within six years.

The HERO Act also requires employers to allow employees to form workplace safety committees with the authority to raise health and safety concerns, review employer compliance, and participate in government workplace health and safety inspections.

The Humareso Take

This is one of those requirements that many employers adopted during the height of COVID and then forgot about. But the HERO Act is not a COVID-only law — it applies to any airborne infectious disease, and the plan must remain in your handbook permanently. If you stripped it out when things settled down, it needs to go back in. The penalties for not having a plan are modest, but the penalties for not following your plan during an active designation are not.

Recommended Action Steps

1. Verify that your Airborne Infectious Disease Exposure Prevention Plan is included in your New York employee handbook.

2. Confirm the plan is posted in a conspicuous location accessible to all employees at each New York worksite.

3. Distribute the plan to all new hires as part of your onboarding process.

4. Designate a compliance supervisor at each worksite responsible for enforcing the plan when activated.

5. Review the NYSDOL model standards for your industry to ensure your plan meets or exceeds the minimum requirements.

6. Contact your Humareso representative for a compliant HERO Act plan template tailored to your industry.