New Mandates on Businesses to Develop Plans to Prevent Infectious Diseases

The Governor is expected to sign a bill this week that would require New York employers to adopt a plan to prevent the spread of infectious diseases in the workplace. The bill has already passed in both houses and awaits the Governor signature. The law would also allow employees to sue their employer if they deviate from the plan in a way that creates “a substantial probability” of death or serious harm to their employees; the maximum fee for each violation is $20,000.

If the Governor signs the bill, the Department of Labor (DOL) will create a model plan that establishes minimum safety practices for each industry. Employers would either adopt the DOL model plan or write their own more protective plan. The plans will have to address disinfection, health screenings, PPE use, social distancing, ventilation, and airflow.

Finally, the law would require employers to work with Workplace Safety Committees if employees choose to form them. The committees must have a majority of members as non-supervisory employees who raise workplace health concerns, scrutinize safety protocols, and review reports submitted by the employers. Employers cannot interfere with the formation of such committees or the selection of members. Workplace Safety Committees will be permitted to meet during business hours, and its members cannot be docked pay for time spent at these meetings.