New State Laws Provide COVID-19 Liability Protection for Employers

October 23, 2020

On October 22, 2020, Governor Whitmer signed three bills into law that create relief from liability for alleged COVID-19 exposure. They are now listed as:

Act No. 236, Public Acts of 2020 – enrolled House Bill 6030: establishes standards for immunity from liability for certain tort claims alleging COVID-19 exposure. Under the act, a person is immune from liability for a COVID-19 claim if the person operates in compliance with all federal, state, and local statutes, rules, regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the conduct or risk that allegedly caused harm. The act applies retroactively to a claim or cause of action that accrues after March 1, 2020.

Act No. 238, Public Acts of 2020 – enrolled House Bill 6032: creates a new act to prohibit an employee from reporting to work under certain circumstances related to COVID-19, to prohibit certain employer actions against certain employees, and to provide remedies. The act is effective retroactive to March 1, 2020.

MIOSHA Issues COVID-19 Emergency Rules

October 14, 2020

This afternoon, as part of the continuing effort to mitigate the effects of the court ruling that in essence dismantled all of Governor Whitmer's Executive Orders, the Michigan Occupational Health and Safety Administration (MIOSHA) issued an emergency rule set on COVID-19. In addition to many rules applying to all businesses covered by the Michigan Occupational Health and Safety Act, the emergency rules also implement rules for certain categories of businesses, including: Retail, Libraries, and Museums in Rule 9, Section 3.