***** 408.1085 This section applies retroactively to an exposure to COVID-19 that occurs after March 1, 2020: see subsection (3) *****
408.1085 Employee exposure to COVID-19; employer immunity under certain circumstances; retroactive applicability.Sec. 85.
(1) Notwithstanding any other provision of this act, an employer is not liable under this act for an employee's exposure to COVID-19 if the employer was operating in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the exposure. An isolated, de minimis deviation from strict compliance with such statutes, rules, regulations, executive orders, and agency orders unrelated to the employee's exposure to COVID-19 does not deny an employer the immunity provided in this section.
(2) This section does not do any of the following:
(a) Create, recognize, or ratify a claim or cause of action of any kind.
(b) Eliminate a required element of a claim of any kind including, but not limited to, a causation or proximate cause element.
(c) Amend, repeal, alter, or affect any other immunity or limitation of liability.
(d) Affect a right, remedy, or protection under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, including the exclusive application of this act.
(3) This section applies retroactively to an exposure to COVID-19 that occurs after March 1, 2020.
History: Add. 2020, Act 237, Imd. Eff. Oct. 22, 2020