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Ex. DUT-MI-015 Standing duty Primary source read

2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations, executive orders and agency orders

An act to amend the Michigan Occupational Safety and Health Act by adding section 85: no employer liability for an employee's COVID-19 exposure 'if the employer was operating in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19'

Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020) · Michigan (State)

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The record

Jurisdiction
Michigan
Level
State
Authority
Amendment of the MIOSHA Act, 1974 PA 154, adding sec. 85 (MCL 408.1085); tie-barred to HB 6030 (2020 PA 236), HB 6032 (2020 PA 238) and HB 6101 (2020 PA 239)
Issued
2020-10-22 Oct. 22, 2020
Effective
2020-10-22 (immediate effect); applies retroactively to an exposure to COVID-19 that occurs after March 1, 2020 (sec. 85(3)) (read as 2020-10-22)
End
standing (read as 2021-09-30)
In force
Standing since Oct. 22, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • employers
Character
liability shield condition
Collection
Standing duties: Michigan DUT-MI

Operative words

an employer is not liable under this act for an employee's exposure to COVID-19 if the employer was operating in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the exposure.

Penalty

Loss of immunity: exposure to liability under the MIOSHA Act for a non-compliant employer

What it required

Made an employer's immunity from MIOSHA Act liability for an employee's COVID-19 exposure depend on the employer's operation 'in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19,' with tolerance only for 'an isolated, de minimis deviation from strict compliance... unrelated to the employee's exposure,' retroactive to exposures after March 1, 2020; the Legislature thereby declared compliance with every governmental COVID-19 directive the standard of an employer's conduct for the whole claim period.

Retrieval note

Companion to 2020 PA 236 (Ex. MI-056), whose sec. 5 states the identical condition for all COVID-19 claims ('A person who acts 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 is immune from liability for a COVID-19 claim'), and to 2020 PA 238 (Ex. MI-057). The phrase 'that had not been denied legal effect at the time' was enacted twenty days after In re Certified Questions: the Legislature keyed the standard to the orders as they stood when the conduct occurred, not to their later judicial fate. 2020 PA 236 was itself repealed prospectively by 2022 PA 139 effective July 1, 2023 (compiled-laws entry read on the official site; not saved).