{"id":"DUT-MI-015","kind":"duty","level":"state","jurisdiction":"Michigan","state":"MI","metro":"","industry":"","agency":"","eco":"","issuer":"Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020)","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)","instrument":"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","title":"An act to amend the Michigan Occupational Safety and Health Act by adding section 85: no employer liability for an employee\u0027s COVID-19 exposure \u0027if 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\u0027","dateIssued":"2020-10-22","effective":"2020-10-22 (immediate effect); applies retroactively to an exposure to COVID-19 that occurs after March 1, 2020 (sec. 85(3))","end":"standing","startDate":"2020-10-22","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP","COND"],"addressees":["employers"],"clause":"an employer is not liable under this act for an employee\u0027s 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.","enforcement":"Loss of immunity: exposure to liability under the MIOSHA Act for a non-compliant employer","functions":[],"notes":"Made an employer\u0027s immunity from MIOSHA Act liability for an employee\u0027s COVID-19 exposure depend on the employer\u0027s operation \u0027in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19,\u0027 with tolerance only for \u0027an isolated, de minimis deviation from strict compliance... unrelated to the employee\u0027s exposure,\u0027 retroactive to exposures after March 1, 2020; the Legislature thereby declared compliance with every governmental COVID-19 directive the standard of an employer\u0027s conduct for the whole claim period.","sourceUrl":"https://www.legislature.mi.gov/documents/2019-2020/publicact/pdf/2020-PA-0237.pdf","snapshot":"","fileExists":true,"fileBytes":126820,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-MI","url":"/library/DUT-MI-015","exhibitUrl":"/exhibit/DUT-MI-015","citation":"Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020), 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 (standing) (Ex. DUT-MI-015)","stateName":"Michigan","related":["MI-056","MI-057","DUT-MI-012","DUT-MI-019"]}