This afternoon, New York State announced that the designation of COVID-19 as an “airborne infectious disease” subject to the requirements of the NY HERO Act has ended. The primary impact of this announcement is that employers may immediately discontinue daily pre-workday health screenings.
However, the requirement that a Prevention Plan be in place for future deployment remains in place, as does the need to keep employees out of the workplace in accordance with applicable NYS guidance if they test positive for, show symptoms of or were in close contact with someone with COVID-19.
Independently, NYC’s new health commissioner announced that the private employer vaccination mandate will remain in place, so employers must continue to allow only fully-vaccinated employees to enter the workplace absent a demonstrated need for reasonable accommodation. For more information on the private employer mandate, please see our previous Client Alert.
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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.
