Leaders must address issues with liability
Unscrupulous lawyers have sought to unfairly capitalize on the pandemic, writes Jim Gerlach.
Since the first days of the COVID-19 pandemic, Pennsylvania’s manufacturers and businesses and their employees have remained dedicated to their cause: producing essential products and offering essential services to best meet the needs of families and communities across our state and nation.
They have been hard at work, shifting operations and increasing production to maintain supplies of the most in-demand products needed to fight COVID-19, including personal protective equipment, prescription medications, medical supplies and other products families need. But the confusing, ever-changing regulatory environment the pandemic has created is putting these essential businesses at even greater risk.
Prior to the pandemic, a business could rightfully be held liable if an injury took place on-site as a result of negligence. In that world, negligent behavior is usually easy to identify: a wet, slippery floor with no caution sign; a raised platform with no guard rail; an ungated pool with no lifeguard. The duty to keep employees and customers safe by exercising reasonable care is top of mind for businesses at all times.
COVID-19 creates a different challenge. Our collective understanding of how the virus is transmitted and how to mitigate the risk of transmission is far from clear. Regardless of the many precautions employers are taking, COVID-19 is still spreading. A few unscrupulous lawyers have sought to unfairly capitalize on this unique situation by immediately moving to sue employers.
Pennsylvania’s businesses have acted responsibly in performing their essential work amid a global health crisis. Their enforcement of and adherence to increased health and safety protocols proves it. They have heeded the guidance from federal and state officials, implementing social distancing policies, using masks and gloves, employing enhanced cleaning regimens and reconfiguring operations to best keep COVID-19 out of the workplace.
But the threat of lawsuits remains. Beyond being baseless and unfair, such litigation has serious consequences. Lawsuits could put people out of work, hamper economic stability and delay production of needed goods. We cannot afford to have fewer jobs in our communities, and we certainly cannot weaken our country’s production of supplies needed right now, including masks, gowns, ventilators and medications.
As a former state and federal legislator, I am intimately familiar with the challenge of balancing a multitude of interests. As a local leader, I am now learning to do it while combating a pandemic. We must get it right to ensure the longevity and livelihoods of our people and our communities. Right now, that must include protecting our economic engines from unnecessary harm, especially those who have stepped up to serve our communities and protect their employees.
Pennsylvania’s law-abiding manufacturers and businesses have been put in a difficult position, and it is a situation that demands government action. I urge our representatives in Washington and Harrisburg to better protect manufacturers and businesses from unfair liability lawsuits. And in doing so, I encourage them to reference the road map created by the National Association of Manufacturers for liability reforms. These guidelines offer specific direction for lawmakers seeking to craft a more just legal framework that better protects employees and employers throughout these uncertain times while still holding bad actors accountable.
The months ahead will be challenging, and the response of our lawmakers is pivotal. Protecting America’s creators is the surest way to put us on a path toward economic — and medical — recovery.
Jim Gerlach is president and CEO of the Greater Reading Chamber Alliance, former congressman for Pennsylvania’s 6th Congressional District, former senator for Pennsylvania’s 44th Senate District, and former representative for the Pennsylvania’s 155th House District.