On September 23, 2021, the New York State Division of Labor (“NYSDOL”) launched an replace to its basic mannequin airborne infectious illness publicity prevention plan (“mannequin plan”) for employers’ use in complying with the NY HERO Act. Particularly, the mannequin plan’s language concerning face coverings and bodily distancing was modified by:

  • distinguishing between workplaces the place all people on the premises, together with, however not restricted to, staff, are totally vaccinated and people workplaces the place not all people are vaccinated when it comes to whether or not face coverings are required or beneficial, according to present steering from the New York State Division of Well being (“NYSDOH”) and the Facilities for Illness Management and Prevention (“CDC”), and
  • recommending the usage of bodily distancing “to the extent possible” per steering from NYSDOH and the CDC.

A comparability of the modifications is mirrored beneath:

Image: A comparison of the changes.

These modifications seem to present employers with totally vaccinated workplaces extra flexibility in whether or not to mandate face coverings. The revised NYSDOL mannequin plan is on the market here.

Employers with totally vaccinated workplaces wishing to make the most of this flexibility possible will wish to replace their HERO Act security plan to replicate the language within the new mannequin.

To study in regards to the actions that New York employers have to take now to adjust to the NY HERO Act, please learn our Perception entitled “All New York HERO Act Safety Plans Must Be Placed Into Effect: New Guidance Issued.”