SB 1023 Summary

• Adds Section 85 to the Michigan Occupational Safety and Health Act to shield employers from liability for COVID-19 exposure of employees if operating in substantial compliance with applicable federal or state statutes, regulations, executive orders, or public health guidance.

• Exemption does not apply if the employer willfully exposed an employee to COVID-19.

• Does not create new causes of action, eliminate required claim elements like causation, or affect other existing immunities or liability limitations.

• Applies retroactively to COVID-19 exposures occurring after January 1, 2020.

• Enactment is contingent on passage of Senate Bills 1024 and 1022 in the 100th Legislature.