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 Paid sick leave prior to pandemic Paid sick leave expansion during pandemic 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
Alabama300000011100031
Alaska1100000011211.1
Notes
AK - Liability bill under consideration
Arizona1100100111001.1
Notes
AZ - Workers' compensation statement was advisory, not a mandate
Arkansas3000000112121.1
Notes
AR - Liability immunity established in executive order (law under consideration has not been voted on)
California111011100022011
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
Colorado300001100000030
Notes
CO - Bills introduced that consider business liability
Connecticut210010100022011
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
Delaware3000000000001.1
District of Columbia3000111011121.1
Notes
DC - Healthcare liability, but not businesses
Florida3000000111211.0
Notes
FL - Additional workers' compensation legislation failed April 2021
Georgia300000011100171
Hawaii1100000012001.1
Notes
HI - Healthcare liability, but not businesses
Idaho300000010100110
Notes
ID - Healthcare providers not explicitly included in liability law
Illinois210000001221031
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)
Indiana110000011100011
Iowa110000011100031
Kansas300000011100011
Notes
KS - New workers' compensation law under consideration
Kentucky110000011112011
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
Louisiana300000010100071
Notes
LA - Workers' compensation expansion under consideration
Maine220001000000011
Notes
ME - Paid leave law implemented on 1/1/2021, but not specifically in response to COVID-19
Maryland110010100000031
Notes
MD - Liability bill under consideration
Massachusetts300010101100051
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.
Michigan120111111121071
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
Minnesota110100100012031
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
Mississippi300000011100051
Notes
MS - Pre-existing statutes appear applicable generally, but additional laws passed specifically for COVID-19
Missouri3000000000211.1
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
Montana3000000111001.1
Nebraska3000000000001.1
Notes
NE - Liability under consideration
Nevada1100110101001.1
New Hampshire3000000000211.0
Notes
NH - Liability under consideration
New Jersey2201111011221.1
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
New Mexico1100000012211.1
Notes
NM - Passed paid leave and anti-retaliation provisions but will not take effect until 2022; Liability considerations focused on healthcare
New York211001101100111
Notes
NY - Liability protections given to health providers repealed. No business general liabitiy protections passed though. Worker compensation laws considered, but no rules ordered it appears.
North Carolina110000011100011
Notes
NC - New workers' compensation law was considered but not passed
North Dakota3000000111111.0
Ohio300000011100071
Notes
OH - New workers' compensation law was considered but not passed
Oklahoma3000000111001.0
Oregon111110100000031
Notes
OR - COVID-19 anti-retaliation implemented directly by Oregon OSHA; Liability bill focused on schools specifically
Pennsylvania300000001200011
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 Island300010001200130
Notes
RI - Liability order for healthcare; New workers' compensation law was considered but not passed
South Carolina110000011100111
Notes
SC - Respiratory protections listed, not air/filtration; Liability order for healthcare; New workers' compensation law was considered but not passed
South Dakota300000011100170
Tennessee1100000111211.1
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
Texas300000000000011
Notes
TX - Liability protections under consideration; COVID-19 workers' compensation expansion under consideration
Utah1100000111211.1
Vermont110010001122111
Notes
VT - Liability protections focused on healthcare; Workers' compensation presumption now applicable to all workers retroactively
Virginia1100011011211.1
Notes
VA - Expanded paid sick leave to home healthcare workers; New workers' compensation law was considered but not passed
Washington110111000021011
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
West Virginia3000000111001.1
Wisconsin300000011111031
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
Wyoming1100000111221.1
Notes
WY - Workers' compensation law expands definition of occupational injury to include COVID-19
Total N/A N/A 3 5 13 10 12 26 35 N/A N/A N/A 28 N/A 43