Download the Coronavirus Covid-19 Liability Waiver
Form Sample Template
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Is your business attempting to re-open from the Coronavirus/Covid-19 Pandemic and worried about liability claims? Our legal response team has prepared a form template providing an release and liability waiver disclaimer form for businesses who are seeking to open while minimizing liability.
Download Options
• Just this Form – Liability Waiver – $39 Download Now
• Our Entire Coronavirus Business Update Package – $79 Best Value Download Now
► What’s Included in the Package ?
⇒ Coronavirus/Covid-19 Employers Policy
- Professionally prepared
- MS Word Format
- Updated as of May 4, 2020
- Instant download
- 100% unlocked and fully customizable
Description:
Our template policy comes complete with statement of a) workplace measures; b) minimization of entry of persons affected by respiratory symptoms; c) hygiene awareness efforts; d) asympotmatic carriers measures; e) social distancing measures; f) limitation on gatherings and meetings; g) face coverings; h) lines and queues; i) testing and isolation; j) isolation procedures; and k) reasonable accomodations. Ready to customize for your company and implement.
⇒ Covid-19 Liability Waiver
Description:
The liability waiver can be used to disclaim liabilities to a person coming into the premises of the business. This covers expansion of the liability waiver to the owners, directors, managers, members, and shareholders of the business as well as employees, contractors, and affiliates, and includes an assumption of the risk, indemnification, and release of known and unknown/prospective claims.
- Professionally prepared
- MS Word Format
- Updated as of May 4, 2020
- Instant download
- 100% unlocked and fully customizable
⇒ Business Reopening Checklist
Description:
Our business re-opening checklist provides you with a straightforward list of tasks in order to prepare your business for a safer re-opening.
- Professionally prepared
- MS Word Format
- Updated as of May 4, 2020
- Instant download
- 100% unlocked and fully customizable
⇒ Covid-19 Case Reporting Form
Description:
Our case reporting form can be used to documented symptomatic cases of Covid-19 requiring healthcare intervention or send-home instructions.
- Professionally prepared
- MS Word Format
- Updated as of May 4, 2020
- Instant download
- 100% unlocked and fully customizable
► Latest FAQs for Businesses
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What liability do businesses have in attempting to re-open during the Coronvirus Pandemic?
A growing number of lawsuits have been brought in connection with the Coronavirus Pandemic, against a wide variety of business and other entities by customers, employees, contractors, and others. With respect to claims made against businesses, lawsuits filed thus far have alleged unsafe working conditions, OSHA violations, failure to warn, and failure to enact measures keeping employees safe. The list of new lawsuits grows daily, and businessowners have been under pressure to reopen businesses to prevent further deterioration of the U.S. economy but unsure as to how to safely do so without facing liability claims.
What does OSHA require from businesses seeking to re-open from the pandemic?
According to OSHA, businesses must adopt an Infection Disease Preparedness and Response Plan, including making determinations of how to change work practices to minimize the transmission of the virus to others.
What must Businesses do to comply with current Regulations?
Currently, OSHA has published a list of basic infection prevention measures, which include the following:
• Promote frequent and thorough hand washing, including by providing workers, customers, and worksite visitors with a place to wash their hands. If soap and running water are
not immediately available, provide alcohol-based hand rubs containing at least 60% alcohol.
• Encourage workers to stay home if they are sick.
• Encourage respiratory etiquette, including covering coughs and sneezes
• Provide customers and the public with tissues and trash receptacles.
• Employers should explore whether they can establish policies and practices, such as flexible worksites (e.g., telecommuting) and flexible work hours (e.g., staggered shifts), to increase the physical distance among employees and between employees and others if state and local health authorities recommend the use of social distancing strategies.
• Discourage workers from using other workers’ phones, desks, offices, or other work tools and equipment, when possible.
• Maintain regular housekeeping practices, including routine cleaning and disinfecting of surfaces, equipment, and other elements of the work environment.
Do Small Businesses Have an Obligation to Identify and Isolate Employes who have Coronavirus?
According to OSHA, yes. OSHA’s regulations state that Employers must have policies and procedures for the “prompt identification and isolation of sick people.” OSHA state that employers should inform and encourage employees to self-monitor for symptoms of COVID-19 and for employees to report if they are feeling sick or experiencing symptoms, as well as
“immediately isolating” employees who have signs or symptoms, such as removal from the worksite.
Do Small Businesses Have an Obligation to Provide Face Masks?
Yes according to OSHA. According to OSHA’s regulations, employers should “take steps to limit the spread of respiratory secretions of a person who may have COVID-19” by “providing a face mask if feasible and available.”
What Should Businesses do if an Employee Becomes Ill with COVID-19?
According to OSHA’s regulations, if an employee does become ill with COVID-19, Employers should take action in a variety of ways:
- Actively encourage the employee to stay home
- Employers should not require a healthcare provider’s note for an employee who has respiratory illness, according to OSHA, because medical facilities may not be able to provide such information in a timely way
What if an Employee Must Miss Work to Take Care of a Sick Family Member?
The federal guidelines suggest that Employers should respond in the same way by recognizing that workers with ill family members may need to stay home to take care of them.
What are Some Ways that Employers Can Minimize Exposure to COVID-19?
According to OSHA’s regulations, there are a variety of ways for Employers to change work policies or procedures to minimize exposure to hazards. For example:
- Allow employees who “can” work from home to work from home
- Minimize contact with workers, clients, and customers by replacing face-to-face meetings with virtual communications
- Reducing the number of employees that must be present at the workplace physically
- Staggering start times, reducing shifts, establishing alternate work presence days
- Discontinuing nonessential travel
- Emphasize respiratory etiquette and hand hygiene
- Providing routine environmental cleaning
- Checking governmental websites for advisories
- Planning for infectious disease outbreaks in the workplace
Can Liability Releases for Employees, Customers, and Contractors Help Minimize a Business’s Liability?
It is not clear yet the extent to which liability releases can help insulate a business from exposure to potential liability claims arising out of Covid-19. Some states, for example (New York) have limited liability exposure to certain industries, such as emergency healthcare, for liability claims arising out of Coronavirus treatment. Generally, the law will not permit the enforcement of a waiver if it is found to be “unconscionable” however, some businesses may wish to enact these measures for precautionary purposes. Further, depending on the state in which a business is located in, and the industry, the business may attempt to take risk management measures, such as liability waivers, before providing services to customers and clients. Because there is no known litigation involving a judicial determination made on the effectiveness of such waivers, it is unknown whether liability waivers can be enforced or are enforceable at law.
Are Governmental Agencies Enforcing Regulations Against Businesses to Ensure COVID-19 Compliance?
Yes. According to OSHA, there is an interim emergency response plan that the federal government has recommended, to enforce the requirements of Covid-19 compliance, which may include on-site visits, complaints, and administrative charges for violations of law and creation of worker hazards. Among the other things OSHA is authorized to investigate is whether the employer has a written pandemic plan recommended by the CDC.
Can a Business be Investigated by OSHA for Failing to Provide PPE?
Yes. According to OSHA’s interim emergency response plan, one of the grounds for an OSHA complaint is and continues to be failure to provide or a shortage of PPE (i.e., providing employees with adequate personal protective equipment, such as as respiratory protection, gloves, and gowns.
Can Businesses Check Temperatures of Employees or Conduct Thermometer Screenings for Fevers?
Yes, currently. Generally, measuring an employee’s body temperature is considered a medical examination. However, ecause the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. However, employers should be aware that some people with COVID-19 do not have a fever.
Should Businesses Require a Doctor’s Note before Permitting Employees to Return to work?
Not necessarily. Because of the overwhelmed nature of the healthcare system, health care professionals may be too busy to provide certification to your business or fitness-for-duty documentation for an employee.
Can Employers Ask Employees to Report their Symptoms and Illness Status?
Yes. The EEOC has advised that employers may ask all employees who physically enter the workplace if they: (i) have COVID-19; (ii) have been tested for COVID-19; or (iii) are experiencing symptoms associated with COVID-19. Employers may also check the temperatures of employees entering the workplace. If an employee refuses to answer or refuses to submit to a temperature check, the employer may refuse to permit him or her to enter the workplace. However, employers are encouraged to reassure refusing employees that the questions are simply designed to ensure workplace safety.
Can a Business Refuse to Permit Employees to Work if They Refuse to Submit to a Temperature Check?
Yes. The EEOC has advised that employees who refuse to provide a temperature check can be barred from entering the workplace.
► Additional Resources
- OSHA Guidelines for Protection of Workers – https://www.osha.gov/Publications/OSHA3990.pdf
- EEOC’s Guidance about COVID-19 https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm
- Center for Disease Control and Prevention Main COVID-19 FAQ Page: https://www.cdc.gov/coronavirus/2019-ncov/index.html
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AXIS Legal Counsel’s Business and Corporations Practice provides legal advice to numerous businesses with a wide range of business matters. Axis represent small, medium-sized, and large business clients with a wide variety of business and corporate law matters. We represent early-stage companies as well as established businesses on a wide variety of business law matters, ranging from contracts and transactions, intellectual property, labor/employment law, business financing, mergers and acquisitions, real estate, insurance, business succession planning, and general advice and counsel. For information on retaining AXIS Legal Counsel to represent your business in connection with any legal matter, contact [email protected] or call (213) 403-0100 for a confidential consultation.
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Keywords:
coronavirus liability waiver | liability waiver for coronavirus | release liability for covid-19 | business reopening liability waiver