MiMfg August 2020 | Page 17

Spearheading Legislative Solutions to Safeguard Manufacturers By Dave Greco, III • MMA August 2020 MiMfg Magazine 17 From food to pharmaceuticals, chemicals to transportation and even toilet paper, Michigan manufacturers create the products that are essential to our daily lives. Through the COVID-19 crisis, many have stepped up to meet the need for vital personal protective equipment (PPE) and disinfectants. To move forward confidently in uncertain times, manufacturers need assurances that their dedication and ingenuity in the face of a global pandemic will not be rewarded with unnecessary and punitive lawsuits. As a leader in an expansive coalition comprised of business trade associations, school groups and health care providers, MMA has been proactively working with the Legislature to pass legislation that would protect businesses that have operated in good faith, taking reasonable actions to follow public health guidance, and producing vital products. A pair of three-bill packages, House Bills 6030- 6032 and Senate Bills 1022-1024, were introduced in both the House and Senate to shield employers from frivolous and baseless lawsuits arising out of COVID-19 while also extending Good Samaritan safeguards. Specifically, the legislation introduced by Senator Lana Theis (R-Brighton), Senator Ken Horn (R- Frankenmuth), Senator Wayne Schmidt (R-Traverse City), Representative Thomas Albert (R-Lowell), Representative Tommy Brann (R-Wyoming) and Representative Graham Filler (R-Ovid) would: • Provide a safe harbor for businesses that follow public health guidance to minimize the risk of exposure to COVID-19 for their employees, customers and vendors. • Prevent opportunistic lawyers from filing mass tort, class action, or frivolous individual lawsuits against a business by requiring proof of an actual injury from COVID-19. • Place a reasonable limit on the liability exposure of anyone who makes, sells, distributes, or donates certain needed products to government Your Support is Critical Contributing to the MMA-PAC is an investment in Michigan’s future and one of the most affordable and effective ways to support pro-manufacturing legislators and candidates. Donate at mimfg.org or contact Brianna Mills at 517-487-8523 or [email protected]. entities, health care providers, first responders or essential businesses during the pandemic. To be clear, this legislation will not protect bad actors who recklessly disregard a substantial risk or intentionally expose a person to the virus. Those who know about defects likely to cause injury yet continue to make, sell or donate a product should be liable. But this legislation will protect the good actors from compounding today’s fragile economic conditions with COVID-19-related lawsuits. Efforts continue through the summer to build support for these important employer protections in advance of potential action when the legislative session resumes in September. Members may contact their legislators to let them know that local employers support HB 6030-6032 and SB 1022-1024. Contact me for help lending your voice to this effort and to share your company’s experience. 6 Dave Greco, III, is MMA’s Director of Regulatory & Environmental Affairs. He may be reached at 517-487-8543 or [email protected]. Get More! Join us for a webinar with Representative Thomas Albert, featuring an interactive update on the pending legislative package that will protect employers from frivolous COVID-19-related lawsuits. Get answers and find out how you can help push this critical legislation forward. See mimfg.org for details and to register. Read a recent The Detroit News op-ed by MMA President & CEO John Walsh at detroitnews.com. “Our ability to support pro-manufacturing candidates is imperative as antimanufacturing voices are working strategically against our industry.” — Patrick Curry, MMA-PAC Chair and President of Fullerton Tool MMA-PAC can accept personal contributions or contributions from sole-proprietorships, partnerships or limited liability companies (LLCs). State Law prohibits acceptance of corporate checks.