Click here to read more about how we use cookies. To embed, copy and paste the code into your website or blog:. Nonetheless, the law requires employers to act now to prepare for a future outbreak. Adopting a Disease Prevention Plan and Next Steps When adopting a plan, whether its own or the model NYDOL plan, employers must list all the worksites where the plan will apply, name supervisory employee s to enforce compliance with the plan, designate a contact person for questions about the plan, list engineering and administrative controls, and list PPE required.
The plan must also be made available upon request to all employees, their representatives a term which is undefined under the law , collective bargaining representatives, independent contractors, the NYDOL, and the New York Department of Health. If the employer maintains an employee handbook, the plan must also be included in the handbook and provided to all current employees and new hires.
The employer must verbally review the plan, the circumstances under which it can be activated, and employee rights under the HERO Act see below with its employees. Finalize, promptly activate, and distribute the updated plan to employees. Post a copy of the plan in a visible and prominent location at the worksite and ensure that a copy of the plan is accessible to employees during all work shifts.
Verbally inform all employees of the existence and location of the plan. Designate a supervisory employee to monitor any updates to federal, state, or local guidance related to preventing the spread of the airborne infectious disease. Train employees during working hours either in-person in a well-ventilated environment or via audio or video conference on all elements of the plan. To report airborne infectious disease exposure concerns or seek assistance or intervention with respect to airborne infectious disease exposure concerns to their employer, a governmental entity, public officer or elected official.
To refuse to work where an employee reasonably believes, in good faith, that such work exposes the individual, other workers, or the public to an unreasonable risk of exposure to an airborne infectious disease due to the existence of working conditions that are inconsistent with laws, rules, policies, orders of any governmental entity, the Standard, or the adopted-plan.
However, the employee, another employee, or employee representative must have notified the employer of the inconsistent working conditions and the employer must have failed to cure the conditions. It also works if the employer had or should have had reason to know about the inconsistent working conditions and maintained the inconsistent working conditions.
To be protected from retaliation when asserting such rights. Add a Bookmark Your browser does not allow automatic adding of bookmarks. Log in. Read more items tagged with the same topics Employee Health. Infectious Disease. Employee Management. Workplace Rules. Policies and Procedures. Workplace Safety. Though plans must be adopted by August 5th, the Prevention Plans are not required to go into effect until the New York State Commissioner of Health designates an airborne infectious disease as highly contagious communicable disease that presents a serious risk of harm to the public health.
When a highly contagious communicable disease is designated by the NY Commissioner of Health, employers must:. While the designation remains in effect, employers must ensure the Prevention Plan is effectively followed by:. The workplace safety committee shall be authorized to, but are not limited to, perform the following tasks:.
The workplace safety committee provisions of the Act will become effective November 1, Employers are prohibited from discriminating, threatening, retaliating, or taking adverse action against employees for exercising their rights under the HERO Act or under a Prevention Plan, reporting violations of the HERO Act or a Prevention Plan, participating in the workplace safety committee, or refusing to work when they believe in good faith that such work exposes them to an unreasonable risk of exposure to an airborne infection due to working conditions that do not meet the HERO model standards or other governmental standards provided that the employer is notified of, or should be aware of, inconsistent working conditions and the employer fails to cure the conditions.
Employers who fail to comply with provisions of the HERO Act may be subject to the following penalties:. The New York requirements demonstrate the potential for employers to have additional legal exposure, which is why it is best to have clear return to work policies and COVID tracking mechanisms in place. Please reach out to your Sequoia Client Service team, or connect with them directly in HRX , to learn more about how Return to Work Center can assist you to stay compliant.
Employers must adopt a prevention plan by August 5, Employers must provide the airborne infectious disease exposure prevention plan to employees within 30 days of adopting a plan no later than September 4, , upon hire, upon request, and within 15 days after reopening due to an airborne infectious disease. In addition, employers must post the plan at worksites and must include the plan in any employee handbook.
The joint-labor committee provisions go into effect on November 1, While the designation remains in effect, employers must ensure the Prevention Plan is effectively followed by: Assigning enforcement responsibilities to one or more supervisory employees; Monitoring and maintaining exposure controls; and Regularly checking for updated guidance by the State Department of Health and the Centers for Disease Control.
Distribution of the Prevention Plan The HERO Act requires employers to provide the Prevention Plan in the following formats: In writing: Employers must provide the Prevention Plan to employees in writing within 30 days after it is adopted by the employer no later than September 4, , upon hire, upon request, and within 15 days after reopening after a period of closure due to an airborne infection disease.
The Prevention Plan must be provided in English and the language identified by each employee as their primary language however, if an employee identifies a language for which a model standard is not available by the NYDOL, the employer will be compliant if they provide the employee with an English language notice. Worksite Posting : Employers must post the Prevention Plan in a visible and prominent location within each worksite other than a vehicle.
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