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February 2023: New York Governor Signs New Amendments to the NY HERO Act into Law

21 Feb

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Update Applicable to:
All employers with ten or more employees in the state of New York.

What happened?
On December 28, 2022, Governor Hochul signed Bill A10492/S9450, which amends New York Labor Law Section 27-d, also known as the New York HERO Act.

What are the details?
In 2021, the New York HERO Act was enacted, creating, among other pieces of legislation, New York Labor Law Section 27-d, which requires private sector employers with ten or more employees to permit the creation of joint employer-employee workplace health and safety committees.

Effective immediately upon signage, the bill adds a new section to the law requiring employers to recognize the establishment of a workplace safety committee within five business days. Violations will result in a civil penalty of at least $50 per day until the violation is remedied. The Department of Labor is empowered to order other relief, including enjoining the conduct of any person or employer, in addition to any other remedies permitted by this section.

For more information, please see the links below:

A10492/S9450

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and should ensure leadership and managers are aware of this law and that they promptly respond to the formation of workplace safety committees created pursuant to the New York HERO Act.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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