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.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health ended. Private sector employers are still required to have workforce safety plans for future. However, they are currently no longer required to implement their workforce safety plans.

The Plan would have to require but shall not be limited to:

• Employee health screenings.
• Face coverings.
• Required personal protective equipment (“PPE”) applicable to each industry, which shall be provided, used, and maintained in a sanitary and reliable condition at the expense of the employer.
• Accessible workplace hand hygiene stations and maintaining healthy hand hygiene and that employers provide adequate break times for employees to use handwashing facilities as needed.
• Regular cleaning and disinfecting of shared equipment and frequently touched surfaces, as well as all surfaces and washable items in other high-risk areas.
• Effective social distancing for employees and consumers or customers, as the risk of illness may warrant.
• Compliance with mandatory or precautionary orders of isolation or quarantine that have been issued to employees.
• Compliance with applicable engineering controls.
• Designation of one or more supervisory employees to enforce compliance with the airborne infectious disease exposure prevention plan and any other federal, state, or local guidance related to avoidance of spreading an airborne infectious disease.
• Compliance with any applicable laws, rules, regulations, standards, or guidance on notification to employees and relevant state and local agencies of potential exposure to airborne infectious disease at the work site.
• Verbal review of infectious disease standard, employer policies and employee rights under this section.

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