New York HERO Act Plan & Training

Clear Law Institute helps employers:

  • Develop a compliant New York HERO Act plan
  • Update an existing HERO Act plan considering the recent COVID-19 designation
  • Provide the verbal training required under the HERO Act

Free Consultation on New York Hero Act

New York Hero Act Requirements

The New York HERO Act, which was enacted in May 2021, requires New York employers to develop a written Airborne Infectious Disease Exposure Plan (“Plan”). The Plan must address safe work practices and controls the employer anticipates implementing upon the future designation of any airborne infectious disease. Employers were supposed to create and distribute their HERO Act plans to all employees in New York by September 4, 2021.

On September 6, 2021, the New York Health Commissioner designated  COVID-19 as “a highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York HERO Act. Given this, New York employers must take the following compliance steps immediately:

  • Revise and Activate their HERO Act Plan. Given the Health Commissioner’s designation of COVID-19 under the HERO ACT, employers must now revise and activate their Plan, ensuring that it incorporates COVID-19-related federal, state, and local requirements. Employers who have not yet adopted a HERO Act Plan need to do so now.

  • Distribute and Post the Updated Plan. Employers must (1) distribute the updated Plan to all employees, (2) post a copy of the Plan in the workplace, (3) include a copy of the plan in their employee handbooks, and (4) ensure a copy of the Plan is accessible to all employees. 

  • Provide Verbal Training and Review of the Updated Plan and COVID-19 Information. Employers must provide verbal training on the revised Plan, COVID-19-related facts, and other required workplace-specific safety information, which may be in-person or through electronic or other means.

In addition to the new HERO Act requirements, OSHA continues to instruct employers to provide workplace training on COVID-19. As a result, we recommend that New York employers continue to provide Clear Law Institute’s online COVID-19 Safe Workplace course, even though the New York State Forward Reopening Guidelines were lifted in June 2021.

How Can Clear Law Help?

Our Compliance Advisory Team helps employers:

  • Develop a New York HERO Act Plan.

  • Update an existing HERO Act Plan in light of the recent COVID-19 designation.

  • Provide the verbal training required under the HERO Act via Zoom, Microsoft Teams, or other video-conferencing software. This training session can be recorded and uploaded onto our Learning Management System (“LMS”) or the employer’s LMS so employees can view the live or recorded session.

For a free consultation on how to comply with the new New York HERO Act plan and training requirements, please contact us at [email protected].

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