THE NEW YORK STATE HERO ACT

INFORMATION & RESOURCES FOR DEALERS
 

NY HERO Act - What is it?

 

On May 5, 2021, The New York Health and Essential Rights Act (NY HERO Act) was signed into law. The law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic and future airborne infectious diseases/pandemics. The purpose of the NY HERO Act is to protect employees against exposure and disease during a future airborne infectious disease outbreak. Under this new law, the New York State Department of Labor (NYS DOL), in consultation with the NYS Department of Health, has developed a new Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan, and various industry-specific model plans for the prevention of airborne infectious disease that all employers must adopt in there worksite. Below you will find a collect of information to help you better understand the new law and what your responsibilities are as an employer.

DEALER ALERT

On September 6, 2021, Governor Kathy Hochul announced the designation of COVID-19 as an airborne infectious disease under the HERO Act. This designation requires all employers to implement workplace safety plans.  What does this mean?

This means the following measures must be implemented:

  • Health screenings must be performed at the beginning of shifts.
  • Face coverings must be worn “to the greatest extent possible.” It is likely that both vaccinated and unvaccinated personnel will need to wear masks indoors, but this has not yet been confirmed.
  • PPE must be provided to employees (e.g., face coverings).
  • Optimize physical distancing (e.g., limit occupancy, floor markings, remote meetings, promote social distancing, etc.).
  • Enhanced cleaning of high-touch areas (doorknobs, bathrooms, etc.).
  • A verbal review of the dealership’s exposure prevention plan.

Dealers should closely examine Section B.8. of the HERO Act Standard (found here), which goes over what employers must do when the HERO Act is implimented.

Additionally, dealers may consider implementing increased ventilation during test drives (open windows), as well as requiring all on the test drive to be masked. Further, employees should sit as far away as possible from the driver during a test drive.

Please continue to monitor the Department of Labor’s HERO Act webpage, found here, for additional updates

Recent Webinars

 

WEEKLY COVID AND LEGAL UPDATE 9/14/2021

 

 

 

 

 

NYSADA Legislative Counsel, Caiti Anderson, discusses the latest on the HERO Act implementation, CDC information on infection rates, vaccine coverage, guidance on masking protocols and more. Lou Young from NYSADA's accounting partner Withum, discusses updates on the federal stimulus package.

Presented By:
Bond Schoeneck & King
Withum

Resources: Slides

 

WEEKLY COVID AND LEGAL UPDATE 9/7/2021

 

 

 

 

 

NYSADA Legislative Counsel, Caiti Anderson, discusses the latest on the HERO Act implementation, CDC information on infection rates, vaccine coverage, guidance on masking protocols and more.

Presented By:
Bond Schoeneck & King

Resources: Slides

 

The Hero Act

 

 

 

 

 

Now that the State DOL has published this information, covered private employers have until August 5th to adopt the model standard most suited to their industry or develop and establish an alternative prevention plan that meets or exceeds the minimum standards as set forth in the model standard. Resources: Slides     Airborn, Infectious Disease Prevention Standard      Prevention Plan  DOL Hero Act