{"id":"DUT-UT-013","kind":"duty","level":"state","jurisdiction":"Utah","state":"UT","metro":"","industry":"","agency":"","eco":"","issuer":"Utah Legislature, 2020 Third Special Session (S.B. 3007, Chief Sponsor Sen. Kirk A. Cullimore, House Sponsor Rep. Marc K. Roberts; Laws of Utah 2020, Third Special Session, ch. 12; signed by Governor Herbert May 4, 2020)","authority":"Legislative power; enacts Utah Code section 78B-4-517","instrument":"S.B. 3007, COVID-19 Provisions (enrolled copy)","title":"COVID-19 Provisions: immunity related to COVID-19 (enacting Utah Code section 78B-4-517)","dateIssued":"2020-05-04","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)","startDate":"2020-05-04","endDate":"2020-08-18","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","EMP"],"addressees":["owners or persons in control of premises; persons managing an activity; employers (the Utah Occupational Safety and Health Act preserved)"],"clause":"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","enforcement":"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)","functions":[],"notes":"The shield protected a business from civil liability for COVID-19 exposure on its premises or in an activity it managed only outside \u0027willful misconduct,\u0027 \u0027reckless infliction of harm\u0027 and \u0027intentional infliction of harm,\u0027 and it expressly left the Workers\u0027 Compensation Act, the Occupational Disease Act, the Utah Occupational Safety and Health Act and the Governmental Immunity Act unmodified: the employer\u0027s statutory workplace-safety duty and its UOSH penalties remained fully enforceable notwithstanding the immunity.","sourceUrl":"https://le.utah.gov/~2020S3/bills/sbillenr/SB3007.pdf","snapshot":"","fileExists":true,"fileBytes":61657,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-UT","url":"/library/DUT-UT-013","exhibitUrl":"/exhibit/DUT-UT-013","citation":"Utah Legislature, 2020 Third Special Session (S.B. 3007, Chief Sponsor Sen. Kirk A. Cullimore, House Sponsor Rep. Marc K. Roberts; Laws of Utah 2020, Third Special Session, ch. 12; signed by Governor Herbert May 4, 2020), S.B. 3007, COVID-19 Provisions (enrolled copy) (standing) (Ex. DUT-UT-013)","stateName":"Utah","related":["DUT-UT-014","DUT-UT-020","DUT-UT-012"]}