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Ex. DUT-UT-014 Standing duty Primary source read

Utah Code section 78B-4-517 (version effective August 18, 2020)

Immunity related to COVID-19

Utah Legislature (Utah Code Title 78B, Chapter 4, Part 5; as amended by S.B. 5003, COVID-19 Immunity Provisions, 2020 Fifth Special Session, Laws of Utah 2020, 5th Spec. Sess., ch. 10) · Utah (State)

The COVID Project

The record

Jurisdiction
Utah
Level
State
Authority
Legislative power; Utah Code Title 78B, Chapter 4
Issued
2020-08-18 Aug. 18, 2020
Effective
2020-08-18
End
standing (the Legislature's page lists this as the current version) (read as 2021-09-30)
In force
Standing since Aug. 18, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesOperating condition
Addressees
  • owners or persons in control of premises; persons managing an activity; employers
Character
liability shield condition
Collection
Standing duties: Utah DUT-UT

Operative words

(3) This section does not modify the application of: (a) Title 34A, Chapter 2, Workers' Compensation Act; (b) Title 34A, Chapter 3, Utah Occupational Disease Act; or (c) Title 34A, Chapter 6, Utah Occupational Safety and Health Act. (4) The immunity in Subsection (2) is in addition to any other immunity protections that may apply in state or federal law.

Penalty

None (an immunity statute); UOSH penalties preserved (Ex. DUT-UT-012)

What it required

Carried forward the immunity of subsection (2) and its three exceptions ('willful misconduct,' 'reckless infliction of harm,' 'intentional infliction of harm') from August 18, 2020 through the end of the claim period, moved the governmental-entity provision to section 63G-7-201, and kept the Utah Occupational Safety and Health Act, the Workers' Compensation Act and the Occupational Disease Act fully in force against employers.

Retrieval note

Official versioned PDF (header: 'Effective 8/18/2020'; history line 'Amended by Chapter 10, 2020 Special Session 5'). S.B. 5003's enrolled copy confirms the bill 'addresses the relationship between the governmental immunity act and immunity related to exposure to COVID-19' and amends sections 63G-7-201, 63G-8-201 and 78B-4-517; the bill page records the Governor's signature on June 25, 2020.