On Monday, September 6, 2021, New York State Governor Kathy Hochul announced that the New York State Commissioner of Health (“Commissioner”) has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health” under the New York Health and Essential Rights Act (HERO Act). The Commissioner’s designation requires that all New York State employers “promptly” activate their workplace airborne infectious disease exposure prevention plans which they were required to adopt under the HERO Act.
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