The ongoing COVID-19 pandemic has caused the New York State Department of Health to take two separate, but related actions. The first was to extend the designation that COVID-19 is a highly contagious communicable disease invoking the NY HERO Act and the second was to clarify the model plan language regarding when employees need to wear masks.
COVID-19 was initially designated as a highly contagious communicable disease on September 6, 2021, which required employers to activate their safety plans under the NY HERO Act. The designation was to remain in effect until September 30, 2021, unless extended further. A revised designation was issued on September 30 requiring employers to continue implementing their respective Disease Exposure Prevention Plan through October 31, at which time the commissioner will decide once again whether to extend the designation further.
In a separate action, the NY Department of Labor revised its model airborne infectious disease exposure prevention plan template on September 23, 2021. The revisions add alternative language regarding face coverings for workplaces where everyone on the premises is vaccinated. The new model plans are available here. The adoption of this plan is required by the NY HERO Act and must be implemented when a disease is designated as a highly contagious communicable disease. Additional information about the required safety plans can be found here.
The model plan’s language regarding face coverings and physical distancing was modified by:
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Distinguishing between workplaces where all individuals on the premises are fully vaccinated and those workplaces where not all individuals are vaccinated. For workplaces where all individuals are fully vaccinated, masks are recommended, but not required.
For all other workplaces, employees must wear appropriate face coverings “in accordance with guidance from State Department of Health (NYSDOH) or the Centers for Disease Control and Prevention (CDC), as applicable.” The latest CDC guidance issued on August 12, 2021, recommends that anyone who is not fully vaccinated to wear a mask in indoor public places.
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Modification of social distancing requirements by recommending the use of physical distancing “to the extent feasible” per guidance from NYSDOH and the CDC. The previous iteration of the Model Plan advised that unnecessary gatherings should be avoided, and employees must use a face covering when physical distancing cannot be maintained. The CDC’s latest guidance indicates that vaccinated people do not have to social distance, but unvaccinated employees should continue to distance themselves. The revised NY model plan still requires employers to identify the health and safety controls it will implement in circumstances where distancing cannot be maintained.
The updates do not necessarily mean that every employer must issue a new plan. However, your current plan should be reviewed relative to the vaccination status of your employees and revised accordingly.
In addition, the NYDOL also recently issued a set of frequently asked questions on the HERO Act. The FAQs primarily re-iterate information from the HERO Act statute as well as the standard and model plans.
PRINTING United Alliance continues to follow all state regulatory issues. For more information, or if you have questions on this or any other state regulatory program, please contact Marci Kinter, mkinter@printing.org; Gary Jones, gjones@printing.org, or Adriane Harrison, aharrison@printing.org.