e-Alerts

e-Alert: New York State Issues Updated Model Workplace Safety Plans and FAQ Guidance Under the HERO Act

By October 27, 2021 No Comments

Background

On September 23, 2021, New York updated its workplace safety plan model for employers complying with the Health and Essential Rights (HERO) Act.

Summary

Earlier in September, New York had passed the HERO Act to combat the spread of airborne infectious diseases, by requiring employers to publish a plan in the workplace. Updates have been made to the model workplace safety plan pertaining to face coverings and social distancing.

  • Face Coverings:
    • For employers where all employees are fully vaccinated, the plan now states that wearing masks is recommended, but not required.
    • For all other employers, the plan now states that employees will wear masks based upon guidance from the State Department of Health or Centers for Disease Control and Prevention.
  • Social Distancing:
    • Physical distancing will now be used to the extent feasible as directed by the State Department of Health or Centers for Disease Control and Prevention.

In addition, the New York Department of Labor (NYDOL) has issued Frequently Asked Questions to help employers navigate the Act. Noteworthy provisions from the FAQs include:

  • Modifications to Model Plans:
    • If an employer makes drastic changes to the “Controls and Advanced Controls” sections of the General Industry template, the plan would then be deemed an alternative plan.
    • If an employer creates an alternative plan, they must seek participation from employees directly or an employee representative if they are part of a collective bargaining agreement.
  • Workplace Safety Committees: Previously, the Act stated that employers with 10 or more employees “shall permit” employees to establish and administer a joint labor-management workplace safety committee. The amendment now states that employers with 10 or more employees “are required to” establish and administer a joint labor-management workplace safety committee.
  • HERO Act Regulations: The FAQs announced that the NYDOL will be promoting these regulations to answer any remaining questions under the Act such as provisions governing workplace safety. Stay tuned for more information as it becomes available.

Employers Next Steps

  • Employers should ensure they have a workplace safety plan in place to comply with the HERO Act. If an employer does not have a plan currently in place, they can utilize sample plans found here.
  • If you are a Full-Service or Virtual HR client and would like our assistance with updating your policy, please email us.

The People Simplifying HR

For almost twenty years, HR Knowledge has made it our mission to demystify the complex and daunting process of HR management. We do more than just provide the level of service and technology you’d expect from an industry leader. We combine an unparalleled passion for service with our decades of HR, payroll, and benefits experience to provide our clients with personalized and actionable advice that is second–to–none. From managed payroll to employee benefits to HR support, we can help your organization thrive, grow, and reduce operating costs—no matter what industry you serve. Whether you’re interested in our Full-Service solution or just need your employee handbook written, HR Knowledge can help you minimize risk while staying on top of compliance regulations. The bottom line? We’re not just another cloud-based technology company that also does HR, #WeAreHR. Get the scoop on how we can help you simplify HR.

This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.

 

DOWNLOAD PDF
https://www.hrknowledge.com/wp-content/uploads/2021/10/e-Alert_Medicare-Part-D-Notice-Reporting-Reminder.pdf