Liability Protection for Employers in a Declared Disaster or Public Emergency Act
| Model Bill Info | |
|---|---|
| Bill Title | Liability Protection for Employers in a Declared Disaster or Public Emergency Act |
| Type | Model Policy |
| Status | Final |
| Task Forces | Civil Justice |
Liability Protection for Employers in a Declared Disaster or Public Emergency Act
Section 1.
As used in this act, the following words shall have the following meaning:
(1) “Guidance” means written guidance related to a declared public emergency that is issued by a federal, state, or local government authority including, but not limited to, the United States Health and Human Services including the Centers for Disease Control and Prevention or Food and Drug Administration, the United States Department of Labor including the Occupational Safety & Health Administration, U.S. Equal Employment Opportunity Commission, United States Department of Homeland Security including the Federal Emergency Management Agency, United States Environmental Protection Agency, United States Department of Education, United States Department of Treasury, United States Department of Commerce, the state, a political subdivision, or any state or local department, agency, board, or commission.
(2) “Person” means (A) any natural person, partnership, corporation, limited liability company, company, trust, estate, for-profit or nonprofit association, or any other business entity; (B) the state, a political subdivision, emergency management agency, or other agency of the state including but not limited to universities; or (C) any agent, representative, or employee of any of the above.
Section 2.
(1) Every person shall be immune from civil liability and professional disciplinary action for any action or inaction as a result of, in response to, or arising out of a disaster or emergency declared at the federal, state, or local level if the person complied with or made a good faith effort to comply with federal, state, or local regulations, executive orders, or guidance or complied with federal or state statutes passed or issued in response to the disaster or public emergency and applicable to the activity at issue.
(2) If two or more statutes, regulations, executive orders, or guidance apply to a person’s conduct, subsection (1) may be satisfied through compliance with or a good faith effort to comply with any applicable federal, state, or local regulations, executive orders, or guidance or compliance with any applicable federal or state statutes passed or issued in response to the disaster or public emergency.
(3) Civil liability and professional disciplinary action for any action or inaction as a result of, in response to, or arising out of a disaster or emergency declared at the federal, state, or local level shall be limited to recklessness or willful misconduct in the absence of statutes, regulations, executive orders, or guidance passed or issued in response to the disaster or public emergency and applicable to the activity at issue.
(4) No statutes, regulations, executive orders, or guidance passed or issued in response to a disaster or emergency declared at the federal, state, or local level shall be construed to create a private right of action.
Section 3.
This act shall apply to any civil action or professional disciplinary action that is filed on or after the effective date of the act.
Section 4.
It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
