What is New York’s HERO Act?

The HERO Act passed in New York State in May 2021.

According to the law, employers must comply with certain workplace and safety obligations related to COVID-19 and other health issues.

The Act features multiple parts. Under part 1, all private employers must adopt a health and safety plan to protect employees when there is an airborne infectious disease. The Act required plans to be in place by September 5, 2021.

Under part 2, employers with 10 or more employees must allow workplace safety committees by employees. This is true whether or not a company is unionized.

According to the HERO Act, employers must allow employees to develop a workplace safety committee if they express an interest in doing so. The law bars employers from preventing the formation of these committees but does allow employer representatives to participate.

To form a committee, two or more employees in non-supervisory roles at a single worksite must submit a written request to their employer explaining their intentions. Their employer must respond in a reasonable time to the request.

HERO Act Committee Rules

The HERO Act establishes rules regarding these committees. For instance:

• At least a 2:1 ratio of non-supervisory employees to employer representatives
• In cases where there is a union, the union representative selects the employee reps for the committee
• In non-unionized facilities, employees can select representatives by any means without employer interference
• Businesses with more than 36 employees can have a maximum committee size of 12
• Committees must be co-chaired by a non-supervisory employee and an employer rep

Committees can adopt their own rules, procedures, and bylaws on an employer-by-employer basis as long as they are consistent with the HERO Act. If the committee adopts no bylaws, they must act by majority vote.

Meetings must not “unreasonably conflict” with employer operations and employee work responsibilities. Employers must also be notified if membership in the committee changes.

Under the law, employers:

• Have a duty to respond to committee concerns and related requests in a reasonable time and in writing
• Notify the committee of upcoming governmental safety and health enforcement visits unless prohibited by law
• Allow meetings and safety training on company time as long as they do not exceed four hours per calendar year
• Allow meetings at least once per quarter
• Protect confidentiality

According to the law, employers must follow up in writing if they receive any requests or concerns from the committee.

Part 2 of the HERO Act took effect in November 2021. Employers must abide by the law, but specific processes are still forming.

What Should You Do If Your Employer is in Violation of the HERO Act?

If you believe your employer is violating the HERO Act or your efforts to form a safety committee were refused, you have a right to take action. Speaking to a legal professional about your situation can help you learn more about your rights and understand how the HERO Act applies to your employer.

For more information or to schedule a consultation to discuss your situation, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.