9月6日, 2021, Governor Kathy Hochul announced the designation of COVID-19 as an airborne infectious disease under the New York HERO Act. This designation requires all employers to implement workplace safety plans.
The FAQs being provided by NYSAR are based upon information provided by the New York State Department of Labor and opinion of outside counsel for complying with the HERO Act. NYSAR’s role is to provide information in the best interest of all of our members in every part of New York, 以及没有提供具体指导的地方, we offer the narrowest possible interpretation so as not to expose members to potential liability, 以及防止COVID-19的传播.
对于一个 .PDF格式的 新的NYSAR COVID-19披露表, 点击这里.
一个单词版本的 新的NYSAR COVID-19披露表, 点击这里.
一个单词版本的 新的NYSAR健康筛查表 点击这里.
对于一个 .PDF格式的 新的NYSAR健康筛查表 点击这里.
The HERO Act becomes effective when the New York State Department of Health (“NYSDOH”) designates an airborne infectious disease as “a highly contagious communicable disease that presents a serious risk of harm to the public health” This was done on September 6, 2021.
The law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. The purpose of the NY HERO Act is to protect employees against exposure and disease during an airborne infectious disease outbreak.
在这项新法律下, 纽约州劳工部(NYS DOL), 与纽约州卫生部合作, 开发了一个新标准吗, 模型计划或通用行业模板, 和11个行业
空气传播传染病预防示范计划. Employers can choose to adopt the applicable policy template/plan provided by NYS DOL or establish an alternative plan that meets or exceeds the standard’s minimum requirements.
This plan must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health. The standard is subject to any additional or greater requirements arising from a declaration of a state of emergency due to an airborne infectious disease, 以及任何适用的联邦标准.
The law covers all non-governmental industries across New York and work sites where real estate activities take place. The NY HERO Act does not cover telework or any work site that the employer does not have the ability to control.
The definition of a “worksite” in the NY HERO Act is “any physical space, 包括车辆, that has been designated as the location where work is performed over which an employer has the ability to exercise control.”
A broker’s office or association office would qualify as a “worksite” under the law.
参与销售活动的个人, 比如会见客户或参观房子, 可以被视为一个工地. 被许可方应继续尽可能保持社交距离, 戴面罩的, disinfect highly touched surfaces and monitor individuals attending a showing/open house for contact tracing.
This plan applies to all “employees” as defined by the New York State HERO Act, which means any person providing labor or services for remuneration for a private entity or business within the state 包括独立承包人.
The term also includes individuals working for digital applications or platforms, 人力资源机构, contractors or subcontractors on behalf of the employer at any individual work site, 以及任何运送货物或人员的个人, 代表雇主往返工作地点, regardless of whether delivery or transport is conducted by an individual or entity that would otherwise be deemed an employer under this chapter.
在空气传播传染病爆发时, the following minimum controls will be used in all areas of the worksite:
- 一般意识: Individuals may not be aware that they have the infectious disease and can spread it to others. 员工应记住:
- Wear face coverings, gloves, and personal protective equipment (PPE), as appropriate;
- “居家政策”: 如果员工出现感染疾病的症状, 员工不应该出现在工作场所. The employee should inform the designated contact and follow New York State Department of Health (NYSDOH)and Centers for Disease Control and Prevention (CDC) guidance regarding obtaining medical care and isolating.
- 健康检查: Employees will be screened for symptoms of the infectious disease at the beginning of their shift. Employees are to self-monitor throughout their shift and report any new or emerging signs or symptoms of the infectious disease to the designated contact. An employee showing signs or symptoms of the infectious disease should be removed from the workplace and should contact a healthcare professional for instructions.
The health screening elements will follow guidance from NYSDOH and CDC guidance, if available.
- 面罩的做法: 保护你的同事, employees will 戴面罩的 throughout the workday to the greatest extent possible. Face coverings and physical distancing should be used together whenever possible. The face covering must cover the nose and mouth, and fit snugly, but comfortably, against the face. 遮住自己的脸不能造成危险，e.g. have features could get caught in machinery or cause severe fogging of eyewear. The face coverings must be kept clean and sanitary and changed when soiled, contaminated, or damaged.
- 物理距离: 尽可能地保持身体距离. Avoid unnecessary gatherings and maintain a distance of at least six feet (or as recommended by the NYSDOH/CDC for the infectious agent) from each other. 当无法保持物理距离时，应使用口罩.
In situations where prolonged close contact with other individuals is likely, 使用以下控制方法:
- allowing only one person at a time inside small enclosed spaces with poor ventilation;
- 手部卫生: 防止感染的扩散, employees should wash hands with soap and water for at least 20 seconds or use a hand sanitizer with at least 60% alcohol to clean hands BEFORE and AFTER:
- Entering and leaving a public place; and
- Touching an item or surface that may be frequently touched by other people, 例如门把手, 表, 加油站, 购物车, 或电子收银机/屏幕.
因为洗手液对脏手效果较差, wash hands rather than using hand sanitizer when your hands are soiled.
- 清洁和消毒: 见本计划第五节.
- “呼吸礼仪”: Because infectious diseases can be spread by droplets expelled from the mouth and nose, employees should exercise appropriate respiratory etiquette by covering nose and mouth when sneezing, 咳嗽、打哈欠.
- 对有附加风险因素的个人的特殊照顾: 一些员工, 由于年龄, 潜在的健康状况, 或其他因素, 如果感染，患严重疾病的风险可能会增加. Please inform your supervisor or the HR department if you fall within this group and need an accommodation.
How do the requirements of the HERO Act differ from the Phase 2 requirements?
There is very little difference between the two as it applies to real estate offices and activities. Licensees will be required to take the same precautions when showing property and holding open houses. 持牌人需要戴口罩, 保持社交距离，对高度接触的表面进行消毒.
For the HERO Act homepage from NYSDOL including links to the Airborne Infectious Disease Exposure Prevention Standard and Plan, 点击这里.
Where can I find the industry specific exposure prevention plan for real estate?
- You must have the permission of your broker before utilizing the form. Your broker may require you to either: a) use the NYSAR form; b) use a form the broker had prepared; or c) not use any form.
- 表格已提供给当地委员会, MLS’ and brokers previously and they may have released the form already with their name and/or logo.
- Licensees should present the form to the seller or buyer in the same manner an agency disclosure form is presented.
- The COVID-19 Disclosure form notifies the seller and buyer of the risks associated with permitting an individual to enter the property or by entering another individual’s property.
- 在表格上签字, the seller or buyer acknowledge that by permitting such access or by accessing the property they assume the risk of potential exposure to COVID-19. Licensees should explain to the seller and/or buyer that the form outlines the risks of COVID-19 exposure and by signing the form they are acknowledging and assuming such risks.
- 被许可方应让卖方和/或买方在表格上签字, print their name next to their signature and provide a signed copy to the seller or buyer and retain a signed copy for the brokers file.
- The form may be delivered in any manner currently permitted (paper, electronic transmission).
- 可找到COVID-19披露表的副本 在这里.
A Word copy of the COVID-19 Disclosure form with a co-branding area can be downloaded 在这里.
What is the seller and/or buyer agreeing to when they sign the NYSAR COVID-19 Disclosure form?
In the event the seller and/or buyer is exposed to COVID-19 as a result of permitting or gaining access to the property, the form acts as a disclosure notice outlining the risks and having the party acknowledge that they are assuming such risk through their actions. If a licensee and/or broker were named in a lawsuit alleging exposure to COVID-19 by the seller and/or buyer (or a member of their household), the form could be used to show the seller and/or buyer were aware of the risks and assumed the risk of permitting access or gaining access to the property.
What if the seller and/or buyer refuse to sign the COVID-19 Disclosure form?
Licensees should follow the same procedure when a consumer refuses to sign an agency disclosure form. 如卖方和/或买方拒绝在表格上签字, the agent shall set forth a written declaration of the facts of the refusal and shall maintain a copy for the broker’s file.
If a buyer/tenant refuses to sign the COVID-19 Disclosure form or answer the screening questions, 卖主/业主可否拒绝向该方出示物业?
是的, the seller/landlord can require compliance with both the COVID-19 Disclosure Form as a prerequisite before the showing. Consumers are not required to sign the COVID-19 Disclosure form or answer the screening questions and if all parties are comfortable with that, 可能会出现显示.
If a seller/buyer/landlord/tenant answers yes to any of the screening questions, what should I do?
如果卖方/买方/业主/租客对任何问题回答是, it would be up to the parties as to whether they want to continue with the in-person showing assessing what risks they may be taking. 例如, a buyer is a health care worker and is exposed to COVID-19 as a result of their occupation. That would not disqualify them from the in-person showing if the seller is comfortable with the precautions being taken. 如果他们感到不舒服, a licensee would not be required to conduct an in-person showing if any of the questions were answered “yes”. This would be a scenario where it would be prudent to utilize the COVID-19 Disclosure Form.