Governor Kathy Hochul’s September 6, 2021, designation of COVID-19 as an airborne infectious disease triggered New York employers’ obligation to implement an Airborne Infectious Disease Exposure Prevention Plan (the “Plan”) under the New York Health and Essential Rights Act (the “HERO Act”). Until this designation, the HERO Act only required employers to simply adopt such a Plan, but now employers must implement the adopted Plan. The following is a checklist for employers to implement the Plan:
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