Workplace Protections

Date of last comprehensive review: 5/14/2021

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State 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
Alabama301003
Alaska11121.
Notes
AK - Liability bill under consideration
Arizona11100.
Notes
AZ - Workers' compensation statement was advisory, not a mandate
Arkansas30212.
Notes
AR - Liability immunity established in executive order (law under consideration has not been voted on)
California110221
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
Colorado300003
Notes
CO - Bills introduced that consider business liability
Connecticut210221
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
Delaware30000.
District of Columbia30112.
Notes
DC - Healthcare liability, but not businesses
Florida30121.
Notes
FL - Additional workers' compensation legislation failed April 2021
Georgia301007
Hawaii11200.
Notes
HI - Healthcare liability, but not businesses
Idaho301001
Notes
ID - Healthcare providers not explicitly included in liability law
Illinois212213
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)
Indiana111001
Iowa111003
Kansas301001
Notes
KS - New workers' compensation law under consideration
Kentucky111121
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
Louisiana301007
Notes
LA - Workers' compensation expansion under consideration
Maine220001
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
Maryland110003
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
Massachusetts301005
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.
Michigan121217
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
Minnesota110123
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
Mississippi301005
Notes
MS - Pre-existing statutes appear applicable generally, but additional laws passed specifically for COVID-19
Missouri30021.
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
Montana30100.
Nebraska30000.
Notes
NE - Liability under consideration
Nevada11100.
Notes
NV - Passed law requiring employers provide paid time off specifically for COVID-19 vaccination purposes
New Hampshire30021.
Notes
NH - Liability under consideration
New Jersey22122.
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 Mexico11221.
Notes
NM - Passed paid leave and anti-retaliation provisions but will not take effect until 2022; Liability considerations focused on healthcare
New York211001
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 Carolina111001
Notes
NC - New workers' compensation law was considered but not passed
North Dakota30111.
Ohio301007
Notes
OH - New workers' compensation law was considered but not passed
Oklahoma30100.
Oregon110003
Notes
OR - COVID-19 anti-retaliation implemented directly by Oregon OSHA; Liability bill focused on schools specifically
Pennsylvania302001
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 Island302003
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 Carolina111001
Notes
SC - Respiratory protections listed, not air/filtration; Liability order for healthcare; New workers' compensation law was considered but not passed
South Dakota301007
Tennessee11121.
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
Texas300001
Notes
TX - Liability protections under consideration; COVID-19 workers' compensation expansion under consideration
Utah11121.
Vermont111221
Notes
VT - Liability protections focused on healthcare; Workers' compensation presumption now applicable to all workers retroactively
Virginia11121.
Notes
VA - Expanded paid sick leave to home healthcare workers; New workers' compensation law was considered but not passed
Washington110211
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 Virginia30100.
Wisconsin301113
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
Wyoming11122.
Notes
WY - Workers' compensation law expands definition of occupational injury to include COVID-19
Total N/A N/A 3 5 13 5 4 2 10 12 26 35 N/A N/A N/A 28 N/A 43