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Workplace Protections

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State State Abbreviation State FIPS Code OSHA-approved state plan State department in charge of enforcing programs Aerosol transmissable diseases standards Air or ventilation standards Permanent paid sick leave SI program prior to COVID-19 Permanent paid family and medical leave SI program prior to COVID-19 Permanent paid sick leave SI program since COVID-19 Permanent paid family and medical leave SI program since COVID-19 Temporary COVID-19-specific paid leave expansions COVID-19 anti-retaliation rules COVID-19 business liability protections COVID-19 liability protections for healthcare providers Branch of government implementing COVID-19 liability rules COVID-19 workers' compensation expansion Types of workers eligible for workers' compensation expansion Data reporting required for medical treatment Minimum number of work days missed by workers to require data reporting Occupational injuries, illnesses, and fatalities reporting prior to pandemic Notes
AlabamaAL1301003
AlaskaAK211121.
Notes
AK - Liability bill under consideration
ArizonaAZ411100.
Notes
AZ - Workers' compensation statement was advisory, not a mandate
ArkansasAR530212.
Notes
AR - Liability immunity established in executive order (law under consideration has not been voted on)
CaliforniaCA6110221
Notes
CA - Air filtration discussed in guidelines but left open ended; Aerosol transmissible disease standards in place pre-pandemic; COVID-19 liability protection bill under consideration
ColoradoCO8300003
Notes
CO - Bills introduced that consider business liability; Permanent paid family and medical leave SI program passed but not yet in effect
ConnecticutCT9210221
Notes
CT - Liability legislation under consideration; Executive order grants health providers liability protections (preexisting statutes do not specify health providers explicitly and are focused on public employees supporting emergency response); More workers' compensation legislation under consideration; Permanent paid family and medical leave SI program passed but not yet in effect
DelawareDE1030000.
District of ColumbiaDC1130112.
Notes
DC - Healthcare liability, but not businesses
FloridaFL1230121.
Notes
FL - Additional workers' compensation legislation failed April 2021
GeorgiaGA13301007
HawaiiHI1511200.
Notes
HI - Healthcare liability, but not businesses
IdahoID16301001
Notes
ID - Healthcare providers not explicitly included in liability law
IllinoisIL17212213
Notes
IL - Anti-retaliation law previously in place, but not specific to COVID-19; Business liability law under consideration (pre-existing statutes for general emergencies in place)
IndianaIN18111001
IowaIA19111003
KansasKS20301001
Notes
KS - New workers' compensation law under consideration
KentuckyKY21111121
Notes
KY - Burden of proof falls on non-frontline health workers for workers' compensation expansion; Presumed work exposure for frontline health workers' compensation; Follow-up order places burden of proof for occupational exposure on employee and refuting on employer
LouisianaLA22301007
Notes
LA - Workers' compensation expansion under consideration
MaineME23220001
Notes
ME - Paid leave law implemented on 1/1/2021, but not specifically in response to COVID-19; Paid leave law guarantees "up to 40 hours in a defined year" -- too few hours to be considered extended leave
MarylandMD24110003
Notes
MD - Liability bill under consideration; Paid leave law states "an employee is not entitled to earn more than 40 hours of earned sick and safe leave in a year or accrue more than 64 hours of earned sick and safe leave at any time" -- too few hours to be considered extended leave
MassachusettsMA25301005
Notes
MA - Liability bill for healthcare, not all businesses. Pre-existing statutes specify emergency care, but not specific to public health emergency. Did not consider this sufficient. New worker compensation law not passed or ordered, is being considered.
MichiganMI26121217
Notes
MI - Paid leave for COVID-19 not mandated, but businesses must allow for leave (if workers exhausted paid leave, then leave may be unpaid); Workers' compensation legislation under consideration
MinnesotaMN27110123
Notes
MN - Liability under consideration; Additional workers' compensation legislation passed, but not specific to COVID-19 and will not be enforced until later this year; Frontline workers have presumption of exposure at workplace (i.e. burden of proof falls on rebuttal) for workers' compensation; For non-frontline workers, burden of proof of contraction occurring in workplace occurs too
MississippiMS28301005
Notes
MS - Pre-existing statutes appear applicable generally, but additional laws passed specifically for COVID-19
MissouriMO2930021.
Notes
MO - Liability under consideration; Workers' compensation presumption of exposure for first reponders assumed initially, but has since expired; Most recent legislation requires proof of workplace exposure
MontanaMT3030100.
NebraskaNE3130000.
Notes
NE - Liability under consideration
NevadaNV3211100.
Notes
NV - Passed law requiring employers provide paid time off specifically for COVID-19 vaccination purposes
New HampshireNH3330021.
Notes
NH - Liability under consideration
New JerseyNJ3422122.
Notes
NJ - Amended existing sick leave mandates to include certain public-health-related uses as protected uses of employees’ existing general sick leave benefits; Liability bills under consideration for businesses; Workers' compensation covers those in critical public-facing jobs (includes food work), assuming they have no option to work from home; Expanded paid family leave program during COVID-19 pandemic
New MexicoNM3511221.
Notes
NM - Passed paid leave and anti-retaliation provisions but will not take effect until 2022; Liability considerations focused on healthcare
New YorkNY36211001
Notes
NY - Liability protections for health providers repealed; No business general liabitiy protections passed; Worker compensation laws considered, but no rules ordered; Expanded paid family leave program during COVID-19 pandemic
North CarolinaNC37111001
Notes
NC - New workers' compensation law was considered but not passed
North DakotaND3830111.
OhioOH39301007
Notes
OH - New workers' compensation law was considered but not passed
OklahomaOK4030100.
OregonOR41110003
Notes
OR - COVID-19 anti-retaliation implemented directly by Oregon OSHA; Liability bill focused on schools specifically; Permanent paid family and medical leave SI program passed but not yet in effect
PennsylvaniaPA42302001
Notes
PA - Philadelphia implemented anti-retaliation measures, but not statewide; Liability protections for businesses vetoed first time, now under consideration again; New workers' compensation law was considered but not passed
Rhode IslandRI44302003
Notes
RI - Liability order for healthcare; New workers' compensation law was considered but not passed; Paid family leave program called the Temporary Caregiver Insurance (TCI) program
South CarolinaSC45111001
Notes
SC - Respiratory protections listed, not air/filtration; Liability order for healthcare; New workers' compensation law was considered but not passed
South DakotaSD46301007
TennesseeTN4711121.
Notes
TN - First workers' compensation law failed; New law passed that establishes WHO public health emerrgencies as situation where presumption applies for frontline health workers
TexasTX48300001
Notes
TX - Liability protections under consideration; COVID-19 workers' compensation expansion under consideration
UtahUT4911121.
VermontVT50111221
Notes
VT - Liability protections focused on healthcare; Workers' compensation presumption now applicable to all workers retroactively
VirginiaVA5111121.
Notes
VA - Expanded paid sick leave to home healthcare workers only; New workers' compensation law was considered but not passed
WashingtonWA53110211
Notes
WA - Expanded paid sick leave to food workers; Workers' compensation rule initially appeared to place burden of proof on health workers, now there is a rebuttable presumption in the passed legislation that Governor is expected to sign; Expanded paid family leave program during COVID-19 pandemic
West VirginiaWV5430100.
WisconsinWI55301113
Notes
WI - Interaction w/ exposure to someone w/ COVID-19 at work needed as proof for workers' compensation (rebuttal needs proof too); If any exposure to someone w/ COVID-19 in work setting, presumption is held
WyomingWY5611122.
Notes
WY - Workers' compensation law expands definition of occupational injury to include COVID-19
Total N/A N/A 3 5 13 5 3 2 10 12 26 35 N/A N/A N/A 28 N/A 43