SHER Overview
- Airborne Infectious Disease Exposure Prevention Plan (AIDEPP), aims to protect private sector employees and the public against exposure and disease during a future airborne infectious disease outbreak.
- Workplace Safety Committee (WSP) requires a private sector employer to permit employees to create such a committee.
- Emergency Preparedness Law (EPL) requires public employers (State, City, Town, County) to adopt a plan for operations, employee protection in the event of a declared public health emergency involving a communicable disease or other natural or man-made event that disrupts normal operating procedures and delays services to be provided to the public. (Federal entities and Schools (NYS Education) are not covered)
- Warehouse Worker Protection Law (WWPA) requires employers at distribution centers (of a certain size and within certain NAICS codes) to provide work speed data to employees and inform them if they are subject to a work quota.
- COVID Paid Sick Leave (CPSL) Law grants job protection and paid leave to eligible New York employees impacted by orders of quarantine or isolation due to COVID-19.
- Construction Industry Fatality Registry (CFR) law requires the New York State Department of Labor to maintain a public registry of workplace fatalities in the construction industry based on reports it receives from county coroners, medical examiners, and other authorized officials whose role is to register deaths.
Airborne Infectious Disease Exposure Prevention Plan
NYS Labor Law Section 218-b, "Prevention of occupational exposure to an airborne infectious disease" from the New York Health and Essential Rights Act was signed into law on May 5th 2021. The law mandates extensive workplace health and safety protections in response to the COVID-19 pandemic. The purpose of Labor Law 218-b is to protect employees against exposure and disease during a future airborne infectious disease outbreak.
The New York State Department of Labor (NYS DOL), in consultation with the NYS Department of Health, has developed an 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. Employers can choose to adopt the applicable policy template/plan provided by NYS DOL or establish an alternative plan that meets or exceeds the standard’s minimum requirements.
The airborne infectious disease exposure prevention plans must be implemented when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health. When designated, employers are required to provide a copy of the adopted airborne infectious disease exposure prevention plan and post the same in a visible and prominent location within each worksite.
More Information can be found at:
Workplace Safety Committees
New York State’s Workplace Safety Committees law provides for the adoption of rules and regulations for workplace safety committees under New York State Labor
Law Section 27-d. This law is effective as of November 1, 2021. As of this date, employers are required to permit workers to establish and administer a joint labor-management workplace safety committee upon request.
More Information can be found at:
Emergency Preparedness Law
The Emergency Preparedness Law, requires public employers to have a written plan for operations in the event of any declared public health emergency. All public employees should have access to this plan.
More Information can be found here:
Warehouse Worker Protection Law
The Warehouse Worker Protection Law requires employers in certain warehouse distribution centers to provide their employees quota information. Under the law, there are employer requirements as well as new rights for warehouse employees.
The law requires distribution centers to disclose work speed data to current and former employees to inform them about their job performance and rights in the workplace. The legislation also protects workers from disciplinary action or firing exclusively because of a failure to meet undisclosed speed quotes or quotas that do not allow for proper breaks. Workers are also protected from retaliation for making a complaint because they believe a quota violates their right to proper break time.
More Information can be found here:
COVID Paid Sick Leave
Most employers in New York State are required to provide up to 5 or 14 days of job protected, paid COVID-19 sick leave to employees who need to take leave because they are under a mandatory or precautionary order of quarantine or isolation due to COVID-19. The amount of COVID-19 sick leave an employer is required to provide depends on the number of employees they have and the employer’s net annual income.
More Information can be found here: https://paidfamilyleave.ny.gov/COVID19
Please note: The COVID-19 quarantine leave legislation expires on July 31, 2025.
Construction Industry Fatality Registry
Construction Industry Fatality Registry was created by New York State legislation, Labor Law Section 44 . This law requires the New York State Department of Labor (NYS DOL) to maintain a public registry of workplace fatalities in the construction industry based on reports it receives from county coroners, medical examiners, and other authorized officials whose role is to register deaths. Contractors facing a work-related fatal injury in their workplace will also need to provide information to NYS DOL.
More Information can be found here:
Contact Us
For Questions call 518-457-3863