Ensuring 9/11 NOTICE Act Compliance By HR Professionals

The 9/11 attacks covered all of lower Manhattan with cancer-causing dust that was breathed in by 500,000 downtown workers, residents, students, responders, and others during the months after the attacks. In the years since, tens of thousands of those exposed to this dust have gotten sick with any number of 9/11-linked cancers, including breast cancer, prostate cancer, skin cancer, blood cancer, cancer of the digestive system, and more.

Many of those sickened do not know of the strong link to the 9/11 dust and their cancer that was often diagnosed many years later. There has also been a stark lack of awareness of the downtown civilian population (the area workers, residents, students and others) that help is available, including lifetime 9/11 healthcare from the World Trade Center Health Program (the WTCHP) and tax-free compensation from the September 11th Victim Compensation Fund (the VCF).

In recognition of the lack of awareness of the benefits available to the 9/11 civilian population, under the leadership of Governor Kathy Hochul, New York State signed into law the 9/11 NOTICE Act (often referred to as the Notice Act). This legislation emerged as a means of ensuring that survivors, particularly those employees who returned to work in the aftermath, are fully informed of the rights and benefits available to them under the WTCHP and VCF. Governor Hochul recently released a 9/11 Assistance Program Awareness Digital Toolkit for New York State businesses to help fulfill this obligation of informing current and former employees of federal assistance programs they may be eligible for.

What Is the Notice Act?

The Notice Act places on businesses/employers with greater than 50 employees that were located in the New York City Exposure Zone (all of Manhattan south of Canal Street) and northern Brooklyn between 9/11 and May 30, 2002, the requirement to notify their workers from that time of the availability of the significant benefits available to them by the WTCHP and the VCF. For these employers based in downtown Manhattan in 2001/2002, especially Human Resource (HR) representatives, understanding and complying with the Notice Act is of paramount importance. The Notice Act demands more than passive acknowledgment—it necessitates active compliance, engagement, and effective communication.

However, the task is not as straightforward as sending a simple email. It involves the profound task of reaching out, informing, and potentially safeguarding the health of numerous individuals who served the city's downtown office and commercial spaces during its most challenging times. The information needs to be conveyed clearly, concisely, and in compliance with the stipulations of the Notice Act. More information on how to do so can be found in the Toolkit.

The 9/11 Notice Act Protects 9/11's Forgotten Victims

While first responders and immediate victims of the 9/11 attacks garnered significant attention, there remains a vast community of victims who were exposed to toxic substances in the aftermath – those who lived, worked, or went to school in lower Manhattan during or after the attacks. The 9/11 Notice Act specifically requires employers with over 50 employees operating in downtown Manhattan to notify both past and current employees about the benefits they may be eligible for due to potential exposure in the aftermath of the tragic events.

What Does the 9/11 Notice Act Mean for HR Professionals?

The responsibility placed upon employers by the 9/11 Notice Act is a legal requirement to inform your employees about the potential 9/11-related illness benefits that are available to you. It’s likely that this task will fall to HR professionals to disseminate the information. While this obligation may seem like just another daunting and cumbersome task, it is important to remember that the information you share is potentially life changing for your employees. Compliance with the 9/11 Notice Act ensures they're aware of the support and resources available to them through the James Zadroga 9/11 Health and Compensation Act, should they need them.

How an Experienced 9/11 Attorney Can Help

As the implications of the 9/11 Notice Act come to light, your organization’s HR team may not know where to begin. IT’s important to note, per the 2023 annual report from the 9/11 VCF, that 86% of VCF claimants are represented by an attorney, and for good reason. A knowledgeable 9/11 attorney can guide you throughout the process, ensuring compliance and helping get a clear message across. They’ll advise on the best practices for distributing information and educating your team, teach you the appropriate language to use to get the intricate message across in a digestible way, and give you guidance on the 9/11 programs available to help those who need them.