Get America Back to Work Act

To limit the civil liability of persons for the spread or possible transmission of SARS–COV–2 caused by an act or omission while acting in good faith during the COVID–19 emergency period, and for other purposes. 1. Short title This Act may be cited as the Get America Back to Work Act 2. Limitation on liability (a) In general Except as provided in subsection (c), no person shall be liable in any civil action for the spread or possible transmission of SARS–COV–2 caused by an act or omission of the person acting in good faith between January 1, 2020, and the date that is 18 months after the end of the emergency period (as defined in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) (b) Preemption The laws of a State or any political subdivision of a State are hereby preempted to the extent such laws are inconsistent with this section, unless such laws provide greater protection from liability. (c) Exceptions Subsection (a) does not apply if the harm is shown, by clear and convincing evidence, to be caused by an act or omission constituting willful or criminal misconduct, reckless misconduct, gross negligence, or a conscious flagrant indifference to the rights or safety of the individual harmed by the person. For purposes of this section, infection with SARS–COV–2 may not be the basis for damages arising from bodily injury except to the extent that such injury is serious bodily injury. (d) Definitions In this section: (1) Person The term person (A) one or more individuals, business trusts, legal representatives, corporations, companies, associations, firms, partnerships, societies, joint stock companies, universities, schools, nonprofit organizations, or religious organizations; or (B) any organized group of entities described in subparagraph (A). (2) Good faith The term good faith (A) applicable guidance from a Federal, State, local, territorial, or Tribal public health authority; or (B) appropriate professional or industry standards, recommendations, or guidance. (3) Serious bodily injury The term serious bodily injury (A) death or injury requiring in-patient hospitalization of at least 48 hours; (B) permanent impairment of a bodily function; or (C) permanent damage to a body structure. (e) Applicability The limitation in this section shall be applicable in cases filed before, on, or after the date of enactment of this Act. (f) Rule of construction Nothing in this section may be construed as superseding or weakening any Federal statute or other provision of Federal law that preempts the authority or actions of a State, territory, a political subdivision of a State or territory, or an Indian Tribe to regulate the practices or services of certain businesses or industries. 3. Limitation on liability for health care professionals during COVID–19 emergency response (a) Limitation on liability Except as provided in subsection (b), a provider of health care services, including a health care professional, shall not be liable under Federal or State law for the spread or possible transmission of SARS–COV–2 caused by an act or omission of the provider in the provision of health care services acting in good faith between January 1, 2020, and the date that is 18 months after the end of the emergency period (as defined in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) (1) the provider is providing health care services significantly impacted by, or in response to, the COVID–19 pandemic; and (2) the act or omission— (A) occurs in the course of providing health care services that are within the scope of the license, registration, or certification of the professional, as defined by the State of licensure, registration, or certification; (B) does not exceed the scope of license, registration, or certification of a substantially similar health professional in the State in which such act or omission occurs; and (C) is undertaken in a good faith belief that the individual being treated is in need of health care services. (b) Exceptions Subsection (a) does not apply if— (1) the harm is shown, by clear and convincing evidence, to be caused by an act or omission of the provider of health care services constituting willful or criminal misconduct, reckless misconduct, gross negligence, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or (2) the provider of health care services rendered the health care services under the influence (as determined pursuant to applicable State law) of alcohol or an intoxicating drug. (c) Preemption The laws of a State or any political subdivision of a State are hereby preempted to the extent such laws are inconsistent with this section, unless such laws provide greater protection from liability. (d) Definitions In this section— (1) The term good faith (A) applicable guidance from a Federal, State, local, territorial, or Tribal public health authority; or (B) appropriate professional or industry standards, recommendations, or guidance. (2) The term health care professional (3) The term health care services 4. Occupational safety or health hazard exemption The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 (1) in section 9 ( 29 U.S.C. 658 (A) subsection (a), by striking If, upon inspection Except as provided in subsection (d), if, upon inspection (B) by adding at the end the following new subsection: (d) COVID– 19 (1) In general For the period specified in paragraph (3), the Secretary may not exercise authority pursuant to subsection (a) to issue a citation with respect to a violation related to the spread or possible transmission of SARS–COV–2 in the workplace if the Secretary determines that the employer acted in good faith. (2) Good faith defined The term good faith (3) Period specified The period specified in this paragraph is the period beginning on January 1, 2020, and ending on the date that is 18 months after the end of the emergency period (as defined in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ; and (2) in section 17 ( 29 U.S.C. 666 (A) in subsection (a), by striking Any employer who willfully Except as provided in subsection (m), any employer who willfully (B) in subsection (e), by striking Any employer who willfully Except as provided in subsection (m), any employer who willfully (C) by adding at the end the following new subsection: (m) COVID– 19 For the period specified in section 9(d)(3), with respect to the spread or possible transmission of SARS–COV–2 in the workplace, no employer who acted in good faith (as defined in section 2(d) of the Get America Back to Work Act) shall be subject to penalties under subsection (a) or subsection (e). .

Summary: Get America Back to Work Act This bill limits civil liability of persons for the spread or transmission of coronavirus (i.e., the virus that causes COVID-19) and exempts employers from certain federal occupational safety and health laws and regulations in relation to the virus. The bill shall be in effect from January 1, 2020, until 18 months after the end of the COVID-19 public health emergency. Generally, a person shall be exempt from liability for the spread or transmission of the virus if the person made reasonable efforts to comply with applicable guidance regarding COVID-19. Further, a health care provider acting in good faith shall be exempt from liability for the spread or transmission of the virus caused by the provider's act or omission if (1) the provider was providing health care services significantly impacted by the COVID-19 pandemic, (2) the act or omission occurred while a health professional was performing services within the scope of the professional's license or certification to provide such services, and (3) the act or omission does not exceed the scope of the license or certification of a substantially similar health professional. However, a person (including a health care provider) may still be liable in certain instances, such as if the act or omission in question constitutes willful or criminal misconduct, reckless misconduct, or gross negligence. Additionally, the bill exempts employers from citation and civil and criminal penalties for violating occupational safety and health standards related to the spread or transmission of the virus, if the employer made reasonable efforts to comply with applicable guidance related to the virus.