Employer Obligations under the New York HERO Act Extended to March 17, 2022 | Davis Wright Tremaine LLP

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On February 15, 2022, the New York State Department of Health (NYSDOH) extended its designation of COVID-19 as a highly contagious communicable disease posing a serious public health risk through March 17, 2022. (Find a copy of the NYSDOH press release here.) Accordingly, all employers must continue to manage and enforce their airborne infectious disease prevention plans.

On or before March 17, 2022, the NYSDOH commissioner will review the extent of transmission of COVID-19 in the state and determine whether to proceed with deportation. As detailed in our previous notesThe New York State Department of Labor (NYSDOL) released guidance and FAQs on employers’ obligations under the HERO Act, effective September 6, 2021, and updated its model plan to prevent exposure to airborne infectious diseases to address face coverings in fully vaccinated workplaces. (A copy of the latest plan can be found here.)

We will continue to monitor the release of additional guidance from NYSDOL and will provide additional guidance as such guidance is released.


Facts, laws and regulations about COVID-19 are evolving rapidly. Since the date of publication, there may be new or additional information not referred to in this recommendation. Please contact your legal counsel for advice.

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