Time To Activate Your Infectious Disease Safety Plan

September 8, 2021 at 9:27 am 1 comment

On September 6th, New York’s Commissioner of Health triggered increased employee protections by classifying COVID-19 as a communicable disease that presents a “serious risk of harm to the public health in New York State.” This means that all New York State credit unions should review and activate their workplace safety plans. Remember, failure to do so is a violation of the law.

As readers of this blog know, former Governor Cuomo signed legislation mandating that the State’s Department of Labor, in consultation with the Department of Health, promulgate model standards describing the minimum steps employers must take to protect their employees in the event of an outbreak of an airborne infectious disease. Under the law, all employers had to have these policies and procedures in place by August 5th. However, since the Commissioner of Health had not formally designated COVID-19 as an infectious disease under the statute the policies and standards were not in effect. The Department of Health’s announcement changes all that.

Now that the designation has been made, your credit union should be reviewing its policy and implementing its provisions. I’m assuming that for many of you, this won’t be difficult as many of your practices already complied with steps that have been taken to mitigate the spread of COVID, such as rearranging work spaces and having appropriate PPE. However, for those of you who need to take additional steps, or worse yet, have not gotten around to adopting a policy and standard, you should do so now.

In activating these policies remember that one of the primary purposes of the law was to provide employees increased protections in the event that adequate workplace safety procedures are not being implemented or complied with. Your employees are protected against retaliation in the event they bring alleged violations to your attention and your credit union could be fined and sued for violating the law.  Remember, this applies to you whether you are a state or federal credit union. 

Entry filed under: Compliance, COVID-19, HR, New York State. Tags: , , .

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Authored By:

Henry Meier, Esq., Senior Vice President, General Counsel, New York Credit Union Association.

The views Henry expresses are Henry’s alone and do not necessarily reflect the views of the Association. In addition, although Henry strives to give his readers useful and accurate information on a broad range of subjects, many of which involve legal disputes, his views are not a substitute for legal advise from retained counsel.

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