As it has over the past several months, the state of New York has again extended the designation of the COVID-19 virus as a “highly contagious communicable disease” and thereby extended the provision of the New York Health and Essential Rights Act (HERO Act). The designation is required for the application of the HERO Act and it was extended again a couple of weeks ago. The HERO Act provisions are now in effect at least through January 15, 2022, although we can certainly expect that the designation will be renewed again shortly after the New Year. So long as that designation remains in effect, employers in the Empire State must keep their airborne infectious disease prevention plans in effect and up to date.