Michigan Laws 408.1085 – Employee exposure to COVID-19; employer immunity under certain circumstances; retroactive applicability; application to exposures after July 1, 2022
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 408.1085
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Notwithstanding any other provision of this act, an employer is not liable under this act for an employee’s exposure to COVID-19 if the employer was operating in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the exposure. An isolated, de minimis deviation from strict compliance with such statutes, rules, regulations, executive orders, and agency orders unrelated to the employee’s exposure to COVID-19 does not deny an employer the immunity provided in this section.
(2) This section does not do any of the following:
(a) Create, recognize, or ratify a claim or cause of action of any kind.
(b) Eliminate a required element of a claim of any kind including, but not limited to, a causation or proximate cause element.
(c) Amend, repeal, alter, or affect any other immunity or limitation of liability.
(d) Affect a right, remedy, or protection under the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, including the exclusive application of this act.
(3) This section applies retroactively to an exposure to COVID-19 that occurs after March 1, 2020. This section does not apply to an exposure to COVID-19 that occurs after July 1, 2022.