Dear Client and Friends:
On Monday, September 6, 2021, Governor Hochul announced that the commissioner of health designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health. This requires all employers to update (if needed) and implement their plan under the Heroes Act.
Employers were previously required to have contingent plans adopted by August 3, 2021. The Department of Labor’s model plans and guidance are available here: https://dol.ny.gov/ny-hero-act. HH&K previously sent a client alert regarding the Heroes Act and conducted several webinars. The information (including webinar recordings) is available on our website: https://www.hhk.com/news-publications/.
Employers will need to act quickly to implement measures such as mask mandates for all employees (regardless of vaccination status), health screenings, social distancing, appropriate signage, a stay at home policy for individuals showing symptoms of COVID-19, and enhanced cleaning protocols. Employers will also need to consider measures such as prohibiting unnecessary business travel, replacing barriers that may have been removed, and limiting access to the worksite (or splitting worker shifts) to reduce the volume of employees.
Employers must also conduct a “verbal” training with employees as soon as possible. That training can be done in person (if done safely) or remotely (such as using zoom).
Finally, employers are reminded that the Heroes Act contains an anti-retaliation provision and record keeping requirements.
Employers need to act immediately to make any necessary revisions, implement their plans and conduct training. Your HH&K attorneys remain available to assist you during these difficult times. In order to assist our clients and friends, we will be holding a webinar on Friday September 10 from 12-1 to discuss implementation of the Heroes Act, as well as any additional developments this week as a result of the rise in COVID-19 cases.
Do you need anti-harassment training for your supervisors? Join us September 16. Email sthatcher@hhk.com for more information.
Contact Your HH&K Attorney for Legal Guidance
This information is not legal advice and may not be suitable for all client situations. This Client Alert provides general information and does not outline all of the important considerations related thereto.
This Client Alert is not a substitute for legal guidance. As always, if we can be of assistance with these programs or any other matters, please do not hesitate to contact your HH&K attorney.
Copyright © 2021 by Hinman, Howard & Kattell LLP. This Client Alert is provided as a general information service to clients and friends of Hinman, Howard & Kattell, LLP. It should not be construed as, and does not constitute legal advice on any specific matter, nor does this message create an attorney-client relationship. These materials may be considered Attorney Advertising in some states.