NYS Public Employer Mandatory Emergency Planning

NYS Public Employer Mandatory Emergency Planning


On Labor Day (2020) NYS Governor Cuomo signed legislation requiring all public employers to create contingency operations plans to protect public workers in future health emergencies. This requirement applies to public employers including:

  • state, county, and local governments,
  • public authorities,
  • commissions,
  • public corporations,
  • agencies, and
  • school districts

Per the Governor’s website, plans are to be submitted to unions and labor management committees by February 4, 2021, and all plans must be finalized by April 1, 2021.

Understanding that some public employers may not have met their obligations relative to the amended law by the Governor’s established due date of April 1, 2021, Emergency Preparedness Solutions will continue to support public employers in the development of these plans past this established due date. However, EPS holds no responsibility or liability for any form of penalty which may be incurred by the public employer in not meeting this timeline.


  • A list and description of positions and titles considered essential
  • Protocols which will enable non-essential employees to work remotely
  • A description of how work shifts may be staggered to reduce overcrowding
  • Protocols for procuring, storing, and distributing PPE
  • Protocols to prevent the spread of disease if an employee is exposed, symptomatic, or tests positive
  • Protocols for documenting hours and work locations of all employees for contact tracing
  • Protocols for coordinating with applicable government entities for temporary emergency employee housing

Developing meaningful plans that meet these legal requirements can be challenging. EPS has developed a plan template to help public employers navigate this process. While the template provides guidance and formatting, public employers must still develop various protocols within this plan to meet the requirements of this law.

Should you require direct support in developing these plans, we offer our services at the following rates* based on the number of full-time employees and contractors you employ:

Number of Full-Time Employees Estimated Cost**
1-20 $5,000
21-200 $15,000
201-3,000 $20,000
3,001-10,000 $30,000
10,001-20,000 $40,000
20,001-35,000 $50,000
35,001-50,000 $60,000
50,0001-80,000 $70,000
Over 80,000 Let’s Talk!

*These costs are estimates only and are subject to negotiation by both parties.
**Depending on the number of employees and complexity of your organization, the cost includes one to three virtual meetings with your identified planning team, an initial draft plan for planning team review, and a second draft plan for submission to labor representatives. Drafts will be provided in Microsoft Word. Responses to labor unions and finalization of the plan is the responsibility of the public employer.