As previously advised, for New York employers with at least 10 employees, the New York HERO Act allows employees to form a joint labor-management “workplace safety committee” comprised of at least 2/3 non-supervisory employees. The workplace safety committee is empowered to raise health and safety concerns to management, provide feedback on all employer policies required under the HERO Act, participate in government agency health and safety site visits, and meet at least once a quarter to discuss health and safety issues.

Governor Hochul has now signed off on an amendment to the HERO Act that requires a covered employer to recognize the establishment of a workplace safety committee within 5 business days (though not entirely clear from the text of the amendment, presumably within 5 business days of the formation of the committee by employees). However, per the Governor, she signed this amendment into law with the understanding that the recognition time will be increased by the legislature to 15 business days.

Employers who fail to comply with the recognition requirement are subject to a penalty of at least $50 per day until the employer recognizes the committee.

It is likely that a further proposed amendment giving employers a cure period for a first violation will be introduced in the New York State legislature, but for the time being, employers are urged to promptly respond to employees who request the formation of a workplace safety committee and to recognize the existence and purview of such a committee.

The formation and operation of these workplace safety committees potentially raise issues under the NLRA, whistleblower statutes and wage-hour laws.

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.