Proposed legislation awaiting action by Gov. Tom Wolf that includes temporary protections against unwarranted COVID-19 related lawsuits on Tuesday garnered support from nearly 80 Pennsylvania associations that want the measure signed into law.
House Bill (HB) 1737, which received approval last week from the Pennsylvania General Assembly, includes expanded liability protections for employers and organizations impacted by the COVID-19 pandemic, among other provisions.
“This bill provides the business, nonprofit, education, child-serving provider and healthcare communities with temporary safe harbor from unwarranted lawsuits, while not precluding appropriate action against bad actors or those acting irresponsibly,” according to a Nov. 24 letter the associations sent to Gov. Wolf.
The diversified array of groups that signed on to the letter include the Pennsylvania chapter of the American Academy of Pediatrics, the Pennsylvania Food Merchants Association, the Pennsylvania Bankers Association, as well as numerous other associations representing manufacturers, contractors, brewers, independent colleges and universities, broadband cable, healthcare, realtors, builders, insurance, school boards, retailers, amusement parks, the bus and skiing sectors, hospitality, and community bankers, among myriad others that “have drained savings and are at risk of shuttering.”
“All share the prospect of an uncertain future and likely significant additional compliance costs to protect the health and safety of their employees, customers and the public,” according to their letter. “All also face the threat of unfair, opportunistic pandemic-related litigation and some Pennsylvania employers have already been targeted with unwarranted lawsuits.”
In fact, as the pandemic continues, the associations noted that employers will be subjected to strict workplace health and safety requirements and should expect that “those who adopt these precautions should proceed with confidence knowing they will not be targeted with frivolous, and potentially devastating, litigation.”
Such protections, wrote the associations, will help employers survive, allow medical providers to direct their focus and resources to public health, and are critical to facilitating an economic recovery.
“On the other hand, those who act with gross negligence or disregard safety precautions should not be protected and we support robust enforcement against bad actors or irresponsible employers,” the associations wrote.