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New York State Bill Mandating COVID-19 Safety Standards in the Workplace Provides Carve-out for Unionized Employers

As discussed in greater detail here, Governor Andrew Cuomo is poised to sign into law S.1034B/A.2681B, also referred to as the New York Health and Essential Rights Act, or the “Hero Act.”

The Hero Act has two main components. First, the state Department of Labor, in consultation with the state Department of Health, shall create an airborne infectious disease safety standard, as well as a model airborne infectious disease exposure prevention plan, and employers either must adopt the plan and standards, or create standards that meet or exceed the model. Second, employers with at least 10 employees must allow their employees to create joint labor-management workplace safety committees.

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