State seeks to provide lawsuit shield
Immunity bill denounced by political left
CARSON CITY — Businesses in Clark and Washoe counties that faithfully comply with health guidelines to stop the spread of COVID-19 would be immune from legal liability from employees who get sick or are exposed to the novel coronavirus, under a bill introduced Monday in the state Senate.
Senate Bill 4 provides immunity from civil liability for businesses, government agencies — including school districts — and nonprofit organizations if they have “substantially complied with controlling health standards.” The legislation makes that immunity retroactive to March 12, when the governor declared a state of emergency because of the pandemic.
Labor and teachers unions as well as progressive groups have bristled at the push to grant liability protections to businesses and other entities, and several activists voiced their concerns during a protest Saturday outside the Legislature building.
Brian Rippet, president of the Nevada State Education Association, the state teachers union, said that waiving liability for school districts “will not keep us healthy.”
“We need to kill the bill, not the teachers,” Rippet said in a statement.
Annette Magnus, executive director of the progressive advocacy group Battle Born Progress, castigated the proposal and questioned why Democrats in Nevada, who control both chambers of the Legislature and the governor’s mansion, would push for the same business protections that Republicans such as U.S. Sen. Mitch Mcconnell, R-KY, are championing.
“We’re deeply disappointed in Governor Sisolak for deploying these shameful poison pill tactics when
the lives of casino, hotel, school, health care and other workers are at serious risk,” Magnus said in a statement Monday.
The immunity provision will last for the duration of the emergency. Compliance with health orders would be determined by a court, and any claim of immunity would be nullified if the court finds negligence.
Most health care industries, including
hospitals, would not be covered by that immunity under the bill.
Governor backs measure
Business groups including the Nevada Resort Association, the Vegas Chamber and the National Federation of Independent Business Nevada have been pushing for those protections for months to shield them from lawsuits brought by customers or workers who contracted COVID-19.
Gov. Steve Sisolak addressed the bill at length in a press briefing Monday, saying the protections it seeks to provide for workers and employers are extremely important to him.
“I need to do everything I can as governor to protect the safety of the workers that are working in the hospitality industry in particular, that are helping us lead this comeback, resurgence,” he said. “At the same time, I need to protect the jobs. These companies are operating in a very fragile situation right now. … I need to do everything I can to make sure that those jobs are available for Nevadans as we work through this.”
He added that the immunity from liability “only exists if the businesses are practicing the best methodology and they are following all the directives that we put forward. If they don’t do that, they’re opening themselves out to this liability. And trust me, there’s going to be people that are willing to take advantage.”
The bill also requires the state health department and local health districts to adopt and enforce regulations in the state’s largest counties by population, Clark and Washoe, to reduce and prevent the spread of the virus in public places. The regulations would apply only during a declared health emergency.
Cleaning standards
The regulations are to include standards of cleaning and other protocols to limit transmission and train workers on prevention and mitigation. Hotel rooms at casinos would have to be cleaned daily. Businesses that do not comply with health requirements can see their licenses suspended.
Health districts in Clark and Washoe counties are also required to work with the state Gaming Control Board to advise on public health matters and enforce regulations adopted by the board.
Public accommodations covered by the mandate must establish and maintain confidential written response plans that provide testing and time off for employees who are exposed to the virus or are diagnosed with it, something that Las Vegas’ resort workers have been asking to be mandated.
Those written plans must be submitted to the Gaming Control Board or the local authority, depending on which has jurisdiction. Facilities will be barred from retaliating against any employee who reports violations or seeks enforcement of the rules.
Finally, the bill provides a total of $2.5 million in federal pandemic assistance funding to the health districts in both counties for enforcement, 80 percent to Clark and 20 percent to Washoe.
Unemployment insurance
During a Monday news conference, Sisolak also addressed Senate Bill 3, which concerns reforms to the state unemployment insurance department.
Like many lawmakers, Sisolak said the bill isn’t the final word, but rather that it “begins a process.”
“This bill is going to give us more flexibility and also increase the length of time that people are on benefits,” Sisolak said.
He promised “more information coming out from our office later this week about some change in DETR, some folks we are bringing in to help us with this.
“We’ve spent a lot of time dealing with this,” he said. “It’s extremely important to me that people who are entitled to the money get the money as quickly as possible. But that being said, you’ve seen some reports about the fraud that’s going on.”
During hearings Sunday, senators heard emotional stories of people facing problems in getting unemployment insurance benefits, despite having been furloughed for months.
Officials also said they expect that a federal audit would reveal fraudulent claims in the state’s unemployment rolls.
Contact Capital Bureau Chief Colton Lochhead at clochhead@ reviewjournal.com. Follow @Coltonlochhead on Twitter. Contact Capital Bureau reporter Bill Dentzer at bdentzer@reviewjournal.com. Follow @Dentzernews on Twitter.