{"id":"DUT-OR-008","kind":"duty","level":"state","jurisdiction":"Oregon","state":"OR","metro":"","industry":"","agency":"","eco":"","issuer":"Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020","authority":"Or. Const. art. IV, secs. 1, 28 (emergency clause); Or. Laws 2020 (3d Spec. Sess.), ch. 4","instrument":"Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with \u0027COVID-19 emergency rules\u0027; anti-retaliation amendments to ORS 659A.200 and 659A.203","title":"Relating to claims arising during the COVID-19 emergency period; creating new provisions; amending ORS 659A.200 and 659A.203; and declaring an emergency","dateIssued":"2020-12-23","effective":"2020-12-23 (emergency clause, sec. 7: \u0027takes effect on its passage\u0027)","end":"applies to claims arising while the Governor\u0027s COVID-19 emergency declaration of Mar. 8, 2020 \u0027and any extension of the declaration, is in effect\u0027 (sec. 6(1)); the emergency remained in force through Sept. 30, 2021 and beyond (Ex. OR-043, OR-055)","startDate":"2020-12-23","endDate":"","quarters":["2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","SCH","OTHER"],"addressees":["specified businesses: public and private K-12 schools, charter schools, education service districts and community college districts (the education industry\u0027s employers) and persons on school property"],"clause":"SECTION 2. (1) A person may not bring a claim for damages related to COVID-19 infection suffered as a result of acts or omissions performed by a school: (a) In the course of operating an education program; and (b) When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission.","enforcement":"None as such: the statute conditions immunity; a school not \u0027operating in compliance with COVID-19 emergency rules\u0027 answers in ordinary negligence, and Safe Employment Act and workers\u0027 compensation claims are preserved regardless (sec. 2(4)(a)-(b)).","functions":[],"notes":"Granted every \u0027school\u0027 (a common school district, union high school district, education service district, public charter school, \u0027a private school providing instruction to any grade from kindergarten through grade 12 or a community college district,\u0027 sec. 1(3)) immunity from COVID-19 infection claims only \u0027When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission,\u0027 defining \u0027COVID-19 emergency rule\u0027 as \u0027an executive order, order of the Superintendent of Public Instruction, declaration, directive or other state or federal authorization, policy, statement, guidance, rule or regulation that creates a standard\u0027 for education services (sec. 1(1)), withholding it for \u0027reckless, wanton or intentional misconduct\u0027 (sec. 2(3)) and preserving claims under ORS chapter 654 (the Safe Employment Act) and chapter 656 (sec. 2(4)); the Legislature thereby declared compliance with the orders and the guidance the standard of care for the education sector\u0027s employers.","sourceUrl":"https://olis.oregonlegislature.gov/liz/2020S3/Downloads/MeasureDocument/HB4402/Enrolled","snapshot":"","fileExists":true,"fileBytes":35236,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-OR","url":"/library/DUT-OR-008","exhibitUrl":"/exhibit/DUT-OR-008","citation":"Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020, Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with \u0027COVID-19 emergency rules\u0027; anti-retaliation amendments to ORS 659A.200 and 659A.203 (Dec. 23, 2020) (Ex. DUT-OR-008)","stateName":"Oregon","related":["OR-043","OR-055"]}