COVID Immunity for Ohio Employers

Employment Law Alert

DeWine Signs Bill Granting Immunity to Employers for Issues Relating to COVID-19

Yesterday afternoon, Ohio Governor Mike DeWine signed House Bill 606 (“HB 606”), which ensures civil immunity for individuals, schools, health care providers, and both nonprofit and for-profit businesses, among others, from civil lawsuits for “injury, death, or loss to person or property” when caused by COVID-19 (unless it is found that the individual or entity acted with reckless conduct or intentional, willful, or wanton misconduct to spread the virus). The law also includes protection against any mutation of the virus (again, so long as those protected were not showing reckless conduct, or intentional, willful, or wanton misconduct).

The drafters of HB 606 recognized in the text of the bill that lawsuits related to the COVID-19 health emergency are numbering in the thousands, and that Ohio employers have struggled to reconcile their uncertainty about what liability they might face with their need to reopen their businesses. HB 606 provides some relief to business owners, who have struggled to keep up with the ever-changing guidance from state, local, and federal agencies, while worrying about the potential risk of litigation that might result from employees and customers potentially contracting COVID-19 at their place of business.

The provisions of HB 606 apply retroactive to March 9, 2020 (the date the state of emergency was declared by Governor DeWine) through September 30, 2021.

If you have any questions about HB 606, or any other questions about business concerns during the ongoing COVID-19 pandemic, please do not hesitate to reach out to one of the attorneys at FGKS Law at 937-492-1921.

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