The COVID Project
The record
- Jurisdiction
- Oklahoma
- Level
- State
- Authority
- Laws 2020, SB 1946, c. 159, sec. 1, emerg. eff. May 21, 2020; codified at 76 O.S. 111
- Issued
- 2020-05-21 May 21, 2020
- Effective
- 2020-05-21; applies 'to a civil action filed on or after the effective date of this act' (read as 2020-05-21)
- End
- standing (no sunset in the text; in force in every claim quarter from May 21, 2020) (read as 2020-05-21)
- In force
- Standing since May 21, 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 rulesStanding dutyOperating condition
- Addressees
- every 'person or agent of the person who conducts business in this state' ('person' includes an individual, firm, partnership, corporation or association)
- Character
- liability shield condition
- Collection
- Standing duties: Oklahoma DUT-OK
Operative words
A person or agent of the person who conducts business in this state shall not be liable in a civil action... if the act or omission alleged to violate a duty of care of the person or agent was in compliance or consistent with federal or state regulations, a Presidential or Gubernatorial Executive Order, or guidance applicable at the time of the alleged exposure.
Penalty
Loss of the immunity: exposure to civil liability for COVID-19 exposure claims under ordinary duty-of-care rules
What it required
From May 21, 2020 the only business protected from COVID-19 exposure suits in Oklahoma was one whose conduct 'was in compliance or consistent with federal or state regulations, a Presidential or Gubernatorial Executive Order, or guidance applicable at the time of the alleged exposure', 'guidance' meaning 'written guidelines related to COVID-19 issued by the Centers for Disease Control and Prevention, Occupational Safety and Health Administration of the United States Department of Labor, Oklahoma State Department of Health, the Oklahoma Department of Commerce, or any other state agency, board or commission' (subsection A.2); the Legislature thereby made the executive orders and the CDC, OSHA, OSDH and Commerce protocols the legal standard of care for every business open in the State, and a business that departed from them stood exposed to ordinary negligence liability for every customer and employee exposure.
Retrieval noteWhere two or more sources of guidance apply, conduct 'consistent with any applicable guidance' suffices (subsection B, second sentence): the Legislature contemplated that businesses would be following several bodies of governmental guidance at once. The enrolled bill PDF on oklegislature.gov (2019-20 session) is no longer served at its historic URL; the codified text on OSCN is the exhibit, and its history line records 'Laws 2020, SB 1946 c. 159, 1, emerg. eff. May 21, 2020'.