Virginia: This measure creates a new section of state code in order to provide COVID-19 liability protections. This measure is applicable to individuals, corporations, nonprofit corporations, business trusts, estates, trusts partnerships, limited liability companies, sole proprietorships, associations, and joint ventures and any other legal or commercial entity. This measure states that no person will be liable for any civil cause of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus in the absence of gross negligence or willful misconduct. This liability protections will also be extended to a person who designs, manufactures, labels, or distributes any personal protective equipment in response to the COVID-19 virus. These protections will not be applicable to claims before the Virginia Workers' Compensation Commission. This measure would be effective upon enactment. Status: Introduced on 8/21/20.
Virginia: This measure provides immunity from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus, provided such person has complied with applicable and the most recent federal, state, and local laws, policies, procedures, and guidance regarding COVID-19. The measure requires every person to provide, with respect to any premises owned by the person or under the person's possession, custody, or control, reasonable notice of actions taken by the person for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises. This measure specifies that the provisions apply to claims arising no later than 180 days after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic. This measure would be effective upon enactment. Status: Hearing scheduled for 8/26/20 in the Senate Judiciary Committee.
Tennessee: This measure enacts the Tennessee COVID-19 Recovery Act and makes other additions to present law concerning limiting liability for any person relating to loss, damage, injury, or death from coronavirus. This measure states an individual or legal entity will not be liable for loss, damage, injury, or death that arises from COVID-19 unless the claimant proves by clear and convincing evidence that the person proximately caused the injury by an act or omission constituting gross negligence or willful misconduct. Status: Signed by Governor Lee, in effect.
California: This measure amends Section 3212.86 of the Labor Code to mandate workers' compensation coverage for critical workers exposed to COVID-19. This measure is applicable to employers that provide workers' compensation to employees. This measure defines "injury" for a critical worker to include illness or death that results from exposure to coronavirus disease 2019 (COVID-19). This measure would require an employee to exhaust their paid sick leave benefits and meet specified certification requirements before receiving any temporary disability benefits or, for police officers, firefighters, and other specified government employees, a leave of absence. This measure also state the intent of the Legislature to create a disputable presumption for employees diagnosed with COVID-10 as part of an outbreak at a place of employment. Under this measure, "critical worker" means a public sector or private sector employee who is employed to combat the spread of COVID-19. This measure does not provide any enforcement mechanisms or an effective date. Status: Passed Assembly Appropriations Committee on 8/20/20.
California: This measure would require employers to provide notifications to employees about potential COVID-19 exposure. Specifically this measure would require a public or private employer to provide specified notifications to its employees, the Division of Occupational Safety and Health, and the State Department of Public Health, relating to the exposure of its employees to COVID-19 that the employer knew of or should have reasonably have known of, as specified. The measure would define “exposure to COVID-19.” The bill would make it a misdemeanor if an employer violates the notification requirements of these provisions. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. Status: Hearing held in Senate on 8/20/20.
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