Last week, New York Governor Kathy Hochul announced that Public Health Commissioner Howard Zucker, MD has extended the designation of COVID-19 as a “highly contagious communicable disease” and thereby continued the implementation of the HERO Act. Under the state’s Health and Essential Rights (HERO Act) Act, all employers must implement workplace safety plans establishing procedures for prevention of the spread and exposure of any virus or infection designated as a “highly contagious communicable disease”. With the designation now being extended until at least October 31, 2021, employers in the Empire State must continue to implement their airborne infectious disease exposure prevention plan (IDEPP), meaning providing the plan in writing to all employees, conducting a “verbal review” of the plan with employees, posting it in each “worksite” and incorporating it into any company employee handbook that may be in effect. The Commissioner of Public Health will again review infection statistics and other information at the end of October before determining whether to extend it past October 31.