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Ex. DUT-AK-015 Standing duty Primary source read

SB 241, ch. 10 SLA 2020, secs. 15 and 32 (cross-reference to Ex. AK-002; not re-saved)

Workers' compensation presumption of compensability; liability: personal protective equipment

Alaska State Legislature (SCS CSSB 241(FIN)), signed by Governor Dunleavy · Alaska (State)

The COVID Project

The record

Jurisdiction
Alaska
Level
State
Authority
Legislative power; uncodified law of the State of Alaska; AS 23.30 (Alaska Workers' Compensation Act) and AS 09.65.091 (recited)
Issued
2020-04-10 Apr. 10, 2020
Effective
immediately (sec. 40; AS 01.10.070(c)) (read as 2020-04-10)
End
Secs. 15 and 32 repealed by sec. 34 'on the earlier of (1) November 15, 2020; or (2) the date the governor determines... that the public health disaster emergency... no longer exists' (the emergency ran to Nov. 15, 2020, Ex. AK-023, AK-024) (read as 2020-11-15)
In force
Apr. 10, 2020 to Nov. 15, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitation types
Health care ordersWorkplace rulesOperating condition
Addressees
  • employers of firefighters, emergency medical technicians, paramedics, peace officers and health care providers (sec. 15); persons issuing, providing or manufacturing PPE (sec. 32)
Character
statutory provision
Collection
Standing duties: Alaska DUT-AK

Operative words

an employee who contracts... (COVID-19) is conclusively presumed to have contracted an occupational disease arising out of and in the course of employment if, during the public health disaster emergency declared by the governor on March 11, 2020..., the employee (1) is employed as a firefighter, emergency medical technician, paramedic, peace officer, or health care provider

Penalty

Workers' compensation liability under AS 23.30 without the ordinary burden of proof (sec. 15)

What it required

Made COVID-19 contracted by firefighters, emergency medical technicians, paramedics, peace officers and health care providers a conclusively presumed occupational disease chargeable to the employer under AS 23.30, so that workplace infection prevention in those sectors was the employer's own legal and financial responsibility from March 11 to Nov. 15, 2020; sec. 32 protected persons who issued, provided or manufactured personal protective equipment during the emergency from civil damages absent gross negligence, recklessness or intentional misconduct, 'In addition to the immunity available under AS 09.65.091'. Character as recorded: statutory_provision (workers' compensation presumption).

Retrieval note

SB 241 sec. 2 extended the March 11, 2020 declaration to Nov. 15, 2020; sec. 4 protected health care providers implementing DHSS standing orders from civil damages absent gross negligence (sec. 4(d)). SB 241 enacted no general business liability shield; that came with HB 76 secs. 14-15 (DUT-AK-014).