The COVID Project
The record
- Jurisdiction
- Montana
- Level
- State
- Authority
- Mont. Code Ann. Title 27, ch. 1, part 16
- Issued
- 2021-02-10 Feb. 10, 2021
- Effective
- 2021-02-10
- End
- Terminates January 1, 2031 (sec. 15, Ch. 2, L. 2021) (read as 2031-01-01)
- In force
- Feb. 10, 2021 to Jan. 1, 2031
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- persons generally (every non-governmental entity); employers; owners or persons in control of premises
- Character
- guidance incorporated
- Collection
- Standing duties: Montana DUT-MT
Operative words
"Public health guidance" includes guidance... issued by... (a) the centers for disease control and prevention of the U.S. department of health and human services; (b) the centers for medicare and medicaid services of the U.S. department of health and human services; (c) the federal occupational safety and health administration; (d) the office of the governor; (e) a state agency, including the department of public health and human services; or (f) a local government... board of health.
Penalty
n/a (definitional); operates through 27-1-1602 and -1606
What it required
The guidance whose observance is the complete defense under 27-1-1606 is defined by statute to include the CDC's, CMS's and federal OSHA's COVID-19 guidance and the Governor's, DPHHS's and local boards' guidance; by this definition the Legislature incorporated the recommendatory federal and State protocols into Montana's standard of reasonable care from February 10, 2021.
Retrieval note(4) 'Person' includes 'an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship... or any other legal or commercial entity' and excludes government entities; (6) 'Premises' includes any real property 'serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose'; (5) 'Personal protective equipment' includes 'face masks, respirators'.