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Ex. DUT-UT-013 Standing duty Primary source read

S.B. 3007, COVID-19 Provisions (enrolled copy)

COVID-19 Provisions: immunity related to COVID-19 (enacting Utah Code section 78B-4-517)

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) · Utah (State)

The COVID Project

The record

Jurisdiction
Utah
Level
State
Authority
Legislative power; enacts Utah Code section 78B-4-517
Issued
2020-05-04 May 4, 2020
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) (read as 2020-08-18)
In force
Standing since May 4, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesOperating condition
Addressees
  • owners or persons in control of premises; persons managing an activity; employers (the Utah Occupational Safety and Health Act preserved)
Character
liability shield condition
Collection
Standing duties: Utah DUT-UT

Operative words

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

Penalty

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)

What it required

The shield protected a business from civil liability for COVID-19 exposure on its premises or in an activity it managed only outside 'willful misconduct,' 'reckless infliction of harm' and 'intentional infliction of harm,' and it expressly left the Workers' Compensation Act, the Occupational Disease Act, the Utah Occupational Safety and Health Act and the Governmental Immunity Act unmodified: the employer's statutory workplace-safety duty and its UOSH penalties remained fully enforceable notwithstanding the immunity.

Retrieval note

Enrolled copy from the Legislature's site; the bill page records 'Governor Signed' on May 4, 2020 and the Legislature's versioned code PDF records the section 'Effective 5/4/2020 Superseded 8/18/2020.' Utah's shield, unlike Texas S.B. 6 or Georgia S.B. 359, states no compliance-with-guidance condition; its text is recorded exactly. The State's own FAQ (Ex. DUT-UT-020) described the statute and added that 'prudent business leaders will take all necessary steps to eliminate risks to employees and customers.'.