As was previously reported, New York’s HERO Act requires all private employers to adopt airborne infectious disease prevention plans. The law requires employers to have adopted a prevention plan by August 5, 2021 and to communicate this plan to employees by September 4, 2021 and post it in a visible location at each worksite. Failure to adopt and communicate a plan may result in civil penalties of no less than $50 per day. A fillable model plan for the construction industry can be found on the DOL website here. Although employers are required to adopt a plan, it is important to note that the plans only come into effect when the Commissioner of Health designates an airborne infectious agent or disease as a highly contagious communicable disease that presents a serious risk of harm to the public health. There is currently no disease designated as such and plans are not required to be in effect. More information can be found on the DOL’s website https://dol.ny.gov/ny-hero-act.