Today, the New York State Commissioner of Health extended the designation of COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the NY HERO Act ("HERO Act") until March 17, 2022. This means that HERO Act Plans must remain in effect through at least that date when the Commissioner will review whether the designation should be continued.
The HERO Act extension comes on the heels of the New York State Department of Labor updating its model HERO Act Plan to make masks recommended, but not required, effective February 10, 2022. New York State and the State Department of Health continue to strongly recommend masks or other face coverings in all public indoor settings as an added layer of protection, even when not required.
New York City effectively is in accord, noting in an FAQ last week that "[e]veryone, vaccinated or not, must wear a mask...[a]t work, if required by [their] employer. Masks continue to be required in certain settings, including pre-K to grade 12 schools, public transit, homeless shelters, domestic violence shelters, correctional facilities, nursing homes, health care, child care and group homes.
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