The COVID Project
The record
- Jurisdiction
- Utah
- Level
- State
- Authority
- Legislative power; enacts Utah Code section 78B-4-517
- Issued
- 2020-05-04 May 4, 2020
- Effective
- 2020-05-04
- End
- standing (section 78B-4-517 amended effective August 18, 2020 by S.B. 5003, Ex. DUT-UT-014; the immunity and its exceptions unchanged) (read as 2020-08-18)
- In force
- Standing since May 4, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesOperating condition
- Addressees
- owners or persons in control of premises; persons managing an activity; employers (the Utah Occupational Safety and Health Act preserved)
- Character
- liability shield condition
- Collection
- Standing duties: Utah DUT-UT
Operative words
a person is immune from civil liability... resulting from exposure of an individual to COVID-19 on the premises owned or operated by the person... Immunity... does not apply to: (a) willful misconduct; (b) reckless infliction of harm; or (c) intentional infliction of harm. (3) This section does not modify the application of:... (c) Title 34A, Chapter 6, Utah Occupational Safety and Health Act
Penalty
None (an immunity statute); the exceptions withdraw the immunity for willful, reckless or intentional conduct; UOSH penalties (Ex. DUT-UT-012) preserved by subsection (3)(c)
What it required
The shield protected a business from civil liability for COVID-19 exposure on its premises or in an activity it managed only outside 'willful misconduct,' 'reckless infliction of harm' and 'intentional infliction of harm,' and it expressly left the Workers' Compensation Act, the Occupational Disease Act, the Utah Occupational Safety and Health Act and the Governmental Immunity Act unmodified: the employer's statutory workplace-safety duty and its UOSH penalties remained fully enforceable notwithstanding the immunity.
Retrieval noteEnrolled copy from the Legislature's site; the bill page records 'Governor Signed' on May 4, 2020 and the Legislature's versioned code PDF records the section 'Effective 5/4/2020 Superseded 8/18/2020.' Utah's shield, unlike Texas S.B. 6 or Georgia S.B. 359, states no compliance-with-guidance condition; its text is recorded exactly. The State's own FAQ (Ex. DUT-UT-020) described the statute and added that 'prudent business leaders will take all necessary steps to eliminate risks to employees and customers.'.