NY HERO Act Airborne Infectious Disease Exposure Prevention Plan
Required of every NY private-sector employer. The plan must be developed and on file at all times; implementation activates when the NY Commissioner of Health designates an airborne infectious disease. Built to the October 2024 NY DOL template structure.
When this template is required
Required of every private-sector NY employer. The plan must be in place at all times; implementation is triggered when the NY Commissioner of Health designates an airborne infectious disease as 'highly contagious' presenting 'serious risk of harm to public health.' The COVID-19 designation ended March 17, 2022 — plans are no longer being actively implemented, but the requirement to have a plan remains in force. NY DOL updated templates October 2024.
Why this template
Universal NY private-sector requirement
Labor Law §218-b applies to every NY private-sector employer regardless of size. Even though COVID-specific implementation ended in March 2022, the requirement to HAVE a plan remains. Many employers haven't updated since 2021.
October 2024 NY DOL template aligned
NY DOL updated the model template in October 2024. The plan structure follows the updated template — current and submission-ready if an inspection occurs.
Joint labor-management safety committee
HERO Act §2 requires employers with 10+ employees to permit employees to form a joint labor-management workplace safety committee. The plan includes the committee establishment and recognition procedure (5-business-day recognition required).
Activation procedure for future designations
When the Commissioner of Health makes a new designation (e.g., for a future airborne disease outbreak), the plan must be activated quickly. The activation procedure documents the trigger, the implementation steps, and employee communication.
What you receive
- NY HERO Act AIDEP Plan (Word .docx)
- Designation of supervisory employee to enforce plan
- Exposure control procedures (health screening, face coverings, distancing, hygiene, cleaning)
- PPE program for airborne infectious disease
- Communication and notification procedures
- Anti-retaliation policy (HERO Act §218-b)
- Joint labor-management workplace safety committee (HERO Act §2 — 10+ employees)
- Bilingual employee notification (English/Spanish)
- Plan activation procedure (Commissioner of Health designation)
How you get it
This document is written and reviewed against the standard it cites, and it is ready now. The download link is emailed as soon as your payment clears.
Revisions included — if something about your operation changes what the document should say, reply to the delivery email and we will amend it.
Who buys this
- Any NY private-sector employer (universal requirement)
- NY healthcare facilities
- NY retail and hospitality
- NY office workplaces
- NY manufacturing and warehousing
- Out-of-state employers with NY operations
Frequently asked
Is the NY HERO Act still active?
The HERO Act itself is still in force. Two components: (1) The Airborne Infectious Disease Exposure Prevention Plan — every NY private employer must have one, but implementation is only required when the Commissioner of Health makes a designation. The COVID-19 designation ended March 17, 2022; no current designations are active. (2) The Joint Labor-Management Safety Committee provisions — actively enforced; employers with 10+ employees must permit formation of committees.
Do we need to implement the plan right now?
Implementation (PPE provision, health screening, etc.) is only required during an active designation. Currently no designation is active. However, the plan must be developed, maintained, posted at the worksite, and distributed to employees. When the Commissioner of Health activates a future designation (which can happen at any time), implementation begins immediately.
What changed in the October 2024 NY DOL template?
NY DOL refreshed the model templates in October 2024 to reflect post-COVID lessons and current best practice — updated terminology, clearer activation language, integration with the safety committee provisions. The 2024 template is the current reference; older 2021-era plans should be updated.
What's the Joint Labor-Management Workplace Safety Committee?
HERO Act §2 (Labor Law §27-d) requires employers with 10+ employees to permit employees to establish a joint labor-management workplace safety committee. The committee reviews safety policies, raises concerns, and recommends improvements. The 2022 amendment requires employers to recognize a committee within 5 business days of establishment (with $50/day penalty for non-recognition). The plan includes the recognition procedure.
Does this apply to out-of-state employers with NY operations?
Yes — the HERO Act covers any 'worksite' in NY State. Out-of-state employers with NY employees or worksites are subject to the requirement. Multi-state employers should maintain a NY-specific plan for their NY operations even if their other states don't have similar requirements.