On Thursday, October 22, Michigan Governor Whitmer signed several bills implementing COVID-19 protections and setting standards for COVID-19 exposure liability for both businesses and workers. The bills, House Bills 6030-6032, mostly address and replace the recently rescinded executive orders.
House Bill 6030:
This bill creates the COVID-19 Response and Reopening Liability Assurance Act. In addition, it establishes the minimum threshold for suing a business when a worker is exposed to a virus. That minimum threshold includes:
- Hospitalization for a period of at least 24 hours after a positive COVID-19 test,
- A COVID-19 related condition that prevents a worker from working for at least 14 days, or
- Death.
The 14 days without working notably does not include the 14-day quarantine after a positive test.
Businesses developing off-brand PPE or other medical equipment, devices, and treatments are also protected under this bill unless there is “substantial evidence” the business knew the product was “defective.”
House Bill 6031:
This bill prevents businesses from being held liable for an employee contracting COVID-19 if the business was following public health guidelines. There is an exception to this in the event that the business “willfully exposed” the worker to the virus.
House Bill 6032:
This bill holds an employee liable for showing up to work with symptoms or a positive case of COVID-19 or after a close contact with a COVID-19 positive patient. An employee would not be allowed to return to work until 10 days after testing positive. For a close contact, an employee must either isolate for 14 days or test negative before returning to work. This does not apply to health care workers, first responders, etc.
The bill also provides protections to employees who complain that their employer/business is violating public health protocols and guarantees damages for the employee for an adverse firing.
The report and implementation plans for these bills are due to the House and Senate by November 15. We will continue to monitor the status of these bills and provide you with any important updates.
