Leaders call on Hochul to ensure HERO Act goes into effect

Sen. Michael Gianaris released a letter to Gov. Kathy Hochul encouraged her and the Department of Health to formally change the classification of COVID-19. Photo via NY Senate

By Rachel Vick

State Sen. Michael Gianaris joined excluded workers to call on newly-sworn in Gov. Kathy Hochul to fix a technicality preventing the full implementation of the New York Health and Essential Rights Act.

According to the letter from lawmakers, the state’s Department of Health needs to classify COVID-19 as “a highly contagious, communicable disease that presents a serious risk of harm to public health” before the full effects of the HERO Act can go into effect.

“While the outgoing administration has been distracted, New York’s challenges have not gone away,” Gianaris said. “The delay in HERO Act implementation has resulted in preventable danger of coronavirus spread in workplaces.”

“The new administration needs to act quickly. Too many workers already sacrificed their health for our community’s benefit,” he added. “The New York HERO Act recognizes their efforts by giving workers the tools to protect themselves while on the job.”

The HEROES Act would require the Departments of Labor and Health to implement minimum standards for workplace safety including protocols on testing, protective equipment, social distancing and disinfection. Employees would be protected from retaliation for protecting their rights under the law.

Under the act, which was signed into law by Gov. Cuomo in May, they would also play a role in monitoring and reporting violations.

“With surging variants continuing to wreak havoc, the NY HERO Act is more essential than ever,” Gianaris and Assemblymember Karines Reyes wrote.

Nearly 30 organizations that form the New York Essential Workers Coalition wrote a letter expressing similar concerns and frustration over the lagging implementation after “our members fought hard for the NY HERO Act.”

“We understand that New Yorkers are ready for things to get back to normal… nobody feels this more than our members who have worked in person throughout the pandemic and whose communities have borne the brunt of infections and deaths,” they wrote. “Unfortunately, the science shows that COVID-19 is still here and highly contagious and dangerous to the public. More and more New Yorkers are returning to work and they deserve to be able to do their jobs without being exposed to COVID-19.”