New state law requires plans to protect public workers in health emergencies

A new state law requires all public employers to create plans to “adequately” protect workers in the event of another state disaster emergency involving a communicable disease. 

The plans would apply to both the state and localities, including school districts, the office of Gov. Andrew Cuomo announced. The governor signed the legislation on Labor Day.

Plans must be submitted to unions and labor-management committees within 150 days, and they need to be finalized on April 1, 2021. 

Operation plans must include a list and description of positions considered essential, along with descriptions of protocols to follow to enable all non-essential employees to work remotely. 

Plans must also include a description of how employers would stagger work shifts to reduce overcrowding.

In addition, operation plans need to have protocols for personal protective equipment, or PPE, for when an employee is exposed to disease, for documenting hours and work locations for essential workers; and for working with essential employees’ localities for identifying emergency housing if needed.

Operations plans must also have “any other requirement determined by the New York State Department of Health, such as testing and contact tracing,” Cuomo’s office said.

Plans must be submitted to public unions for review. The New York State Department of Labor will also create an online portal for public employees to report violations of health and safety rules for communicable diseases, including COVID-19.