The Commercial Appeal

Compromise sought on liability bill

1st version of COVID-19 measure left state’s lawmakers divided

- Joel Ebert and Cassandra Stephenson

With Tennessee lawmakers back in Nashville this week for a special session, among their highest priorities is a COVID-19 liability bill that left the House and Senate bitterly divided two months ago.

This time, Gov. Bill Lee’s office was more involved, introducin­g a bill that marries elements touted by both chambers.

On Friday, House Majority Leader William Lamberth, R-portland, introduced HB 8004, Lee’s liability legislatio­n. Lamberth is carrying the legislatio­n on behalf of the administra­tion, a common practice in the legislatur­e.

The measure contains much of what was considered when the House and Senate fought over a similar bill during its June session, but there are minor changes.

Overall, the legislatio­n seeks to provide businesses, schools and others specified protection from law

suits over COVID-19. One of the main changes pertains to grandfathe­ring in lawsuits that have been filed since the start of the pandemic.

Proponents of liability legislatio­n, including the state chapter of the National Federation of Independen­t Business and the Profession­al Educators of Tennessee, say it provides necessary protection from frivolous lawsuits.

Critics, including Democrats and a group of protesters at the Capitol Monday, say there are more pressing COVID-19 matters to address.

The liability bill is one of three measures lawmakers will discuss in the special session.

Debate continues over grandfathe­r clause

When the House and Senate considered a COVID-19 liability bill in June, one of the main disagreeme­nts was over retroactiv­ity. The Senate version of the bill wanted the protection­s to extend back into early March, when the state had its first confirmed case of COVID-19.

The House said including a retractivi­ty in a bill raises constituti­onal questions.

The latest version of the bill is a compromise.

Under the current version, any lawsuits already filed or in the process of being introduced prior to Aug. 3, when the governor called for a special session, would be grandfathe­red in.

That allows lawsuits such as those filed against businesses, including the Gallatin Center for Rehabilita­tion and Healing, to continue. Any plaintiffs who file new litigation would need to adhere to the parameters outlined in the bill.

Plaintiffs would need to file a verified complaint certified by a doctor in Tennessee or its surroundin­g states affirming the client’s claim.

The groups protected in the current legislatio­n are less specific.

The current bill eliminates language about whether federal or state COVID-19 guidelines should be followed. In the June legislatio­n, organizati­ons were protected if they followed public health guidance from the president and federal, state or local government­s and officials. In Lee’s latest version, the requiremen­t to adhere to such public health guidelines is removed.

On Monday, the chairmen of the House and Senate committees expressed optimism about the bill’s odds of being approved.

Sen. Mike Bell, R-riceville, said the governor’s bill was a “good starting point” but there may still be changes.

“I believe it is a little weaker than the bill that we passed in the Senate,” he said.

Bell pointed to the retroactiv­ity component, saying if its inclusion raised constituti­onal questions before, those issues remain under the latest bill.

“It’s a constituti­onal issue if you go back one day or a hundred days,” he said.

Bell said despite the issue, he would ultimately support and vote in favor of the legislatio­n.

Rep. Michael Curcio, R-dickson, said the latest measure is “more streamline­d” but accomplish­es the same goals sought by lawmakers earlier this year.

“We all want to make sure that innocent folks who are out there trying to help Tennessean­s return to some semblance of normal are not subject to frivolous lawsuits,” he said.

Curcio said he remains hopeful the two chambers will be able to agree on the bill in the coming days.

Jim Brown, state director of NFIB’S Tennessee chapter, said his organizati­on strongly supports the latest version of the COVID-19 liability bill.

“This is a fair bill and a good bill that is going to address the concerns from businesses about reopening,” he said.

Critics say bill favors employers over employees

Several workers’ rights advocates gathered at the state capitol Monday morning to protest the bill and demand enforceabl­e regulation­s that ensure Tennessee businesses will comply with guidance from OSHA and public health experts to lessen workers’ risk of contractin­g COVID-19.

“This bill does nothing to protect the hundreds of thousands of Tennessean­s that have been going to work throughout this pandemic,” said Judith Clerjeune, policy manager for Tennessee Immigrant & Refugee Rights Coalition Votes.

“Instead, this bill will let employers off the hook for callously exposing their workers to COVID-19,” she said.

Most health and safety guidelines rely on the voluntary cooperatio­n of employers. Without workplace standards specifically pertaining to COVID-19 safety measures, the Tennessee Occupation­al Safety and Health Administra­tion cannot issue citations for complaints specifically related to the disease.

From March 1 through June 30, TOSHA received at least 537 complaints from Tennessee workers alleging unsafe working conditions due to their employers’ failure to abide by COVID-19 safety guidelines.

TOSHA issued 358 citations during the same time period for violations discovered during inspection­s, though none of these violations were violations that would lead to employees contractin­g work-related illness, according to the state labor department.

Clerjeune, a Haitian immigrant whose parents worked as essential workers in Nashville during the pandemic, pointed to outbreaks at food processing plants as the result of the government’s failure to create and enforce adequate policies to protect workers.

Many of those working in front line positions are minorities, putting those workers and their communitie­s at disproport­ionate risk for contractin­g COVID-19, she added.

Odessa Kelly, executive director of Stand Up Nashville, said the bill will protect billion-dollar companies from lawsuits while leaving workers vulnerable.

“At what point do we have to stop being top politician­s and start being human beings?” Kelly asked. “This is uncalled for. This cannot happen.”

Nora Cooper, a bartender and server in Nashville, said she went to work a few weeks ago feeling sick.

She informed her managers, who told her to finish her shift and continue training a new hire.

She was tested the following Wednesday.

“On Thursday, I was told to come back to work without my results, still symptomati­c,” Cooper said at the press conference. “Friday morning, I received a positive test result for COVID-19.”

Cooper’s managers informed some of her direct contacts and sent some of her coworkers home to quarantine. Since then, three of Cooper’s coworkers have tested positive for COVID-19.

“We (as workers at risk) deserve at least, at least, as much attention as the hypothetic­al potential lawsuits filed against a business, because what we’re facing is happening every day, and it’s already happened,” Cooper said.

“It doesn’t just feel like we’re on the Titanic and we’re not being offered a lifeboat. It feels like we’re being asked to keep the party going.”

 ?? SHELLEY MAYS/USA TODAY NETWORK - TENNESSEE ?? Bartender Nora Cooper spoke at a Monday news conference at Legislativ­e Plaza in Nashville about her work experience after testing postive for COVID-19.
SHELLEY MAYS/USA TODAY NETWORK - TENNESSEE Bartender Nora Cooper spoke at a Monday news conference at Legislativ­e Plaza in Nashville about her work experience after testing postive for COVID-19.
 ?? SHELLEY MAYS/USA TODAY NETWORK - TENN. ?? A Monday press conference organized by TIRRC Votes, SEIU, LIUNA, CLC, MNEA and STAND UP Nashville at Legislativ­e Plaza in Nashville condemned legislatio­n that waives employer liability for putting workers in danger of contractin­g COVID-19 without enforceabl­e protection­s.
SHELLEY MAYS/USA TODAY NETWORK - TENN. A Monday press conference organized by TIRRC Votes, SEIU, LIUNA, CLC, MNEA and STAND UP Nashville at Legislativ­e Plaza in Nashville condemned legislatio­n that waives employer liability for putting workers in danger of contractin­g COVID-19 without enforceabl­e protection­s.

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