NY HERO Act: Workplace Safety Guide for Long Island Employers

As a Long Island business owner, you're responsible for keeping your workplace safe. The New York HERO Act adds specific requirements for protecting employees from airborne infectious diseases. If you're wondering what this means for your medical practice, accounting firm, or professional service business, this guide breaks down everything you need to know.

What Is the NY HERO Act?

The New York Health and Essential Rights Act (HERO Act) requires employers to create and maintain workplace safety plans specifically designed to prevent exposure to airborne infectious diseases. Think of it as a safety playbook that sits on the shelf until needed, similar to how you might have fire evacuation plans posted in your office.

The law applies to most New York employers, including small businesses on Long Island. It creates two main obligations: having a written prevention plan and activating enhanced safety measures when the state declares a public health emergency involving airborne diseases.

How the HERO Act Works

The process works in two phases. First, you must develop and maintain an Airborne Infectious Disease Exposure Prevention Plan. This document outlines specific safety protocols your business will follow during a health emergency. You can either create a plan specific to your workplace or adopt the state's model plan for your industry.

Second, when New York declares a public health emergency involving airborne infectious diseases, your plan automatically activates. This triggers enhanced safety measures like increased cleaning, potential workspace modifications, and specific employee protection protocols.

Your plan must cover key areas including workplace health screening procedures, face covering and personal protective equipment policies, physical distancing measures, hand hygiene stations, cleaning and disinfection protocols, and communication methods for notifying employees about safety updates.

Why Employers Need to Comply

Beyond legal compliance, having a comprehensive safety plan demonstrates your commitment to employee wellbeing. This can be a significant factor in attracting and retaining quality staff, especially in competitive industries like healthcare and professional services.

A well-implemented safety plan can also help maintain business continuity during health emergencies. Instead of scrambling to figure out safety protocols during a crisis, you'll have a clear roadmap that keeps your business operational while protecting your team.

Non-compliance can result in penalties and potential liability issues. More importantly, inadequate safety measures during a health emergency could lead to workplace outbreaks that disrupt your business operations and harm your reputation in the community.

What This Means for Employees

The HERO Act gives employees specific rights and protections. They can request information about your safety plan and raise concerns about potential safety violations without fear of retaliation. During an activated emergency, employees have the right to refuse work they reasonably believe poses an unreasonable risk of exposure.

Employees also gain access to enhanced safety measures during emergencies, including appropriate protective equipment, modified work arrangements when possible, and clear communication about safety protocols. This creates a more secure work environment that can improve job satisfaction and reduce turnover.

For many employees, knowing their employer has proactive safety measures in place provides peace of mind, especially for those in higher-risk categories or with family members who might be vulnerable to infectious diseases.

Key Implementation Considerations

Start by reviewing the model plans available from New York State for your industry type. Medical and dental practices will have different considerations than accounting firms or law offices. Consider your physical workspace layout, typical employee interactions, client or patient contact patterns, and available resources for implementing safety measures.

Remember that your plan should be practical for your specific business size and operations. A 15-person accounting firm doesn't need the same complex protocols as a large hospital, but the plan should still comprehensively address your workplace's unique risk factors.

Regular plan reviews and employee training are essential. Your team should understand the safety protocols before they're needed, not during an emergency when stress levels are high and time is limited.

How Benton Oakfield Helps with Compliance

Managing workplace safety requirements alongside your daily business operations can feel overwhelming. At Benton Oakfield, we help Long Island businesses navigate complex compliance requirements, including workplace safety and regulatory obligations.

We work with local business owners to understand their specific compliance needs and connect them with appropriate resources and expertise. Our team stays current on New York employment laws and regulations that affect small and medium businesses across Nassau and Suffolk Counties.

Rather than trying to interpret legal requirements on your own, we can help you understand how various regulations apply to your specific business situation and connect you with qualified professionals who can assist with implementation.

Ready to ensure your business meets its safety obligations while protecting your employees? Contact our team to discuss your compliance needs and learn how we support Long Island businesses with their regulatory requirements.

Compliance Note: Benefit plan rules and tax implications vary based on company size and location. This guide is for educational purposes only. Please contact your Benton Oakfield representative to discuss how this applies to your specific situation.

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