COVID-19 Employer Limited Liability Louisiana’s construction industry was designated as an “essential workforce” by Governor John Bel Edwards when determining what businesses would be allowed to remain operational during Louisiana’s COVID-19 pandemic Stay-At-Home order. ABC of Louisiana worked closely with the Edwards administration for the construction industry to be initially designated as an essential workforce. We worked even harder to retain essential status throughout the pandemic. One major concern that contractors in Louisiana had with this designation was civil liability for COVID-19 contractions. Three ABC of Louisiana supported bills specifically addressed these concerns.
House Bill 826 By Representative Thomas Pressly, protects employers from potential tort claims and civil liability for COVID-19 contractions and related injuries or illnesses suffered by employees at work. The law also protects employers against potential tort claims and civil liability for COVID-19 contractions sustained by individuals who are not covered by Louisiana’s worker’s compensation law. HB 826 further limits the potential civil liability that Louisiana businesses, including businesses and manufacturers involved in the sale and distribution of personal protective equipment, may face for COVID-19 contractions and related injuries or illnesses. HB 826 was signed by Governor Edwards and became ACT No. 336. ABC of Louisiana supported HB 826.
Senator Bill 491 By Senator Sharon Hewitt, offers liability protection to people and businesses who donate recovery services or products such as hand sanitizer and protective clothing including those selling types of disaster aid outside of the typical course and scope of thier operations. 6
Senate Bill 491 Continued...
The protections in SB 491 continue during any declared state of emergency in Louisiana. SB 491 was signed by Governor Edwards and became ACT No. 303. ABC of Louisiana supported SB 491.
Senator Bill 435 By Senator Ralph Abraham, provides that no person or entity, including any local or state governmental entity or employee thereof, shall be liable for damages or personal injury resulting from or related to an actual or alleged exposure of COVID-19 in the course of or through such person or entity’s business services or while engaged in the performance of such a person or entity’s duties, provided that the person or entity was relying on and generally followed applicable government standards and guidance related to COVID-19 exposure. SB 435 was signed by Governor Edwards and became ACT No. 362. ABC of Louisiana supported SB 435.