New Hampshire’s Business and Industry Association says it will continue to push for “safe harbor” legislation next year in order to protect businesses from legal liability related to Covid-19.
The Concord Monitor reported that BIA President Jim Roche said in a Dec. 7 video forum that the organization would renew its efforts to establish the protections after initially advocating for them at the start of the coronavirus pandemic in spring.
A safe harbor protection would shield businesses from certain categories of lawsuits that might be filed against them by employees or customers who test positive for Covid-19 after spending time in the business.
The BIA is seeking protection for any business that followed “applicable government standards and guidance related to coronavirus exposure,” such as instituting the state mask mandate and following socially distancing guidelines. The protection from liability would kick in if an employee or customer contracted Covid-19 under those circumstances.
Under the BIA proposal, only in cases where gross negligence or willful misconduct or intentional criminal conduct could be proven with “clear and convincing evidence” could the business face damages, under the BIA proposal.
The proposal has proven drawn criticism, the Monitor reported, with Democrats calling it “a grave mistake” and arguing it could erode worker protections.
A similar proposal is being backed by Republicans in Congress. — JEFF FEINGOLD