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Despite Reduced Caseloads, NY Employers Still Need to Meet COVID Requirements By Tracey I. Levy

Posted by [email protected] on Mar. 23, 2022  /  Subscribe 0

Despite Reduced Caseloads, NY Employers Still Need to Meet COVID Requirements

By Tracey I. Levy

New York State employers can put their infectious disease prevention plans (otherwise known as HERO Act plans) on a shelf for the present time, but employers are not entirely relieved of legal obligations stemming from COVID-19.

1. Maintain/Distribute Infectious Disease Prevention Plans

While the state’s order designating COVID-19 as a highly contagious communicable disease expired on March 17, 2022, employers must continue to maintain those plans and stockpiles of the protective equipment and related materials those plans require, so that they are prepared for the next time an infectious disease leads the state to “activate” the plans.  As was the case with COVID-19 back on Labor Day 2021, the state may provide little notice of the switch to “activated” status, and employers therefore need to be prepared.  Further, even when in an inactive status, employers are required by law to have distributed a copy of their infectious disease prevention plans to all their employees and to include a copy of the plan in their employee handbook.

2. Continue to Follow CDC Guidelines

Although a lifting of restrictions is anticipated, currently the CDC requires individuals who are two and older to wear a face mask on public transportation and conveyances such as trains and airplanes.  Outside that context, the CDC maintains its distinction between those who are and those who are not vaccinated and it recommends that unvaccinated people continue to wear a face mask at public events and gatherings around other people.  While this recommendation is not the same as a legal requirement, employers do have a legal obligation under the Occupational Safety and Health Act (OSHA) to provide safe workplaces, and adherence to CDC guidelines is a means by which employers can demonstrate they are meeting that OSHA requirement.

3. Adhere to Face Mask Requirements for Select Settings

Effective as of February 10, 2022, Governor Hochul lifted the indoor mask-or-vaccine mandate for all private sector employers in New York State.  As a result, most employers now have discretion as to whether and when to require face coverings.  However, in addition to the CDC mandate for public transportation, masks are still required for certain high-density and particularly vulnerable settings, including all health care settings regulated by the Department of Health and other related state agencies, nursing homes, adult care facilities, correctional facilities, detention centers, homeless shelters, and domestic violence shelters, public transit and transportation hubs.   

4. Provide COVID Leave Benefits to Eligible Employees

Employees in New York State remain entitled to up to 14 days of additional sick leave (some or all of which may need to be paid, depending on the size of the employer), in the event the employee is subject to a quarantine or isolation order due to COVID-19 and unable to work remotely.  Eligible employees may be entitled to up to three such periods of sick leave per year, provided the second and third quarantine periods are due to the employee’s own contraction of COVID-19.

New York State employees are additionally entitled to up to four hours of separate paid time off for each does of a COVID-19 vaccine, and New York City extends this benefit to vaccination of an employee’s children.

6. Continue to Check Vaccination Status of Workers in NYC

New York City suspended the “Key to NYC” mandate as of March 7, 2022, that had required businesses to verify vaccination status as a condition of entry to indoor dining, fitness, and entertainment venues in the city.  However, through a new Mayoral Executive Order issued on March 4, 2022 and ongoing requirements by the New York City Department of Health and Mental Hygiene (DOHMH), all employees who work in-person in New York City – for every type of employer – must provide or have provided proof of vaccination against COVID-19 to their employers.  Employers must exclude from the workplace any worker who has not provided such proof, unless an exception due to a religious or medical accommodation applies, or a worker only enters the workplace for a quick and limited purpose. 

In addition to the vaccination requirement, New York City employers currently must continue to:

• Post an official DOHMH signin a conspicuous location at the business; and
• Keep a record of each worker’s proof of vaccination (including ensuring employees get their second dose) and any reasonable accommodations.

Employers who previously posted a notice per the Key to NYC requirements do not need to post the DOHMH attestation sign.

7. Stay Informed

The news is swirling with reports of new COVID-19 variants developing, some of which may trigger future restrictions.  Employers can use the following links to monitor for further updates.     

• Centers for Disease Control and Prevention Coronavirus (COVID-19) Website: https://www.cdc.gov/coronavirus/2019-ncov/index.html
• Occupational Safety and Health Administration COVID-19 Website: https://www.osha.gov/SLTC/covid-19/
• New York State Department of Health Novel Coronavirus (COVID-19) Website: https://coronavirus.health.ny.gov/home
• New York City COVID-19 Citywide Information Portal: https://www1.nyc.gov/site/coronavirus/index.page.

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