Matt Smith: Liability safe harbor needed for safe, sustainable reopening

Since the beginning of the covid-19 crisis, Pittsburghers from across the region — including our region’s manufacturers, hospitals, small businesses and nonprofits — continue to come together to look for ways to protect our neighbors, friends and families. In fact, many businesses and other organizations have altered their operations to produce necessary personal protective equipment (PPE) to assist our heroes on the front lines.

In ordinary times, businesses can be held liable if an employee or customer is injured at a workplace due to failure to meet a clear standard of care. The same is true if someone is hurt by a product. These laws exist to hold businesses accountable to produce and maintain the safest and highest quality product. But these are far from ordinary times. As such, certain temporary, targeted and limited changes need to be made to protect these operations from inappropriate lawsuits.

Pennsylvania businesses are spending millions of dollars to adjust to the new reality of covid-19. For example, manufacturers and many other operations don’t have the option of working from home, so manufacturing facilities across the state have implemented daily temperature checks, social distancing employees, mask and glove requirements, intensive cleaning regimens, and many other precautions. They update and improve these precautions as we learn how the disease spreads.

Even with these precautions, covid-19 may still spread in ways we don’t yet fully understand. Businesses that are conducting best practices and following the appropriate guidance should have a safe harbor to potential liability. The absence of this certainty not only creates another hurdle for production, but it also impedes the economic recovery and stability of our region.

These concerns are real. Organizations across the spectrum are facing a surge in unfounded lawsuits linked to covid-19. According to law firm Hunton Andrews Kurth’s covid-19 complaint tracker, more than 3,700 complaints have been filed related to covid-19 since the beginning of the pandemic.

Policymakers in Washington, D.C., must take action to provide reasonable assurances to organizations as we move through the pandemic. There is no question businesses and other organizations should be held liable if they recklessly or intentionally disregard health and safety guidance, but universities, child care operators, businesses and others that act in good faith and take all feasible precautions should not be subject to meritless lawsuits.

Again, these measures should be timely, temporary and targeted only to covid-19. The Greater Pittsburgh Chamber of Commerce, an affiliate of the Allegheny Conference, stands ready to work with our partners and elected officials at the federal level to create smart liability reform that helps our region to safely and sustainably reopen our economy.

Matt Smith is president of the Greater Pittsburgh Chamber of Commerce.