NCC joined a broad group of organizations on May 1 in a letter to House and Senate leadership requesting limited legal safe harbor protection for critical infrastructure industries that are operating during the COVID-19 outbreak.
“Companies that have continued to operate to serve the public have confronted new and difficult legal questions every day,” read the letter, addressed to House Speaker Nancy Pelosi (D-CA), House Minority Leader Kevin McCarthy (R-CA), Senate Majority Leader Mitch McConnell (R-KY) and Senate Minority Leader Chuck Schumer (D-NY). “Federal and state rules and guidance on how to operate during this crisis have evolved rapidly and at times have created legitimate confusion over even ordinarily simple tasks like cleaning a work site. Businesses reopening in the coming weeks will soon face these questions as well.”
“By providing limited and rational safe harbors for good actors, Congress can help ensure that the critical needs of the American people are met during this time of crisis and enable the continued operation of critical infrastructure. Basic “Good Samaritan” provisions under the PREP Act, designed to address product and volunteer liability issues, have already enabled companies that may not normally produce protective equipment to do so to serve front line health care workers. Congress can go further by expanding the scope of these provisions.
“In addition, workplace provisions that recognize the value of modern safety regulation as a far better alternative to one-off lawsuits will give businesses of all kinds clearer expectations on how to manage a safe workplace. Temporarily suspending suits that threaten to shut down vital industries—including even health care providers—is a sensible step to ensure every American has access to basic life essentials without creating new shortages and exacerbating the crisis.”
NCC was joined by the Alabama Poultry and Egg Association, California Poultry Federation, Chicken and Egg Association of Minnesota, Delmarva Poultry Industry, Georgia Poultry Federation, Georgia Poultry Laboratory Network, Illinois Poultry Industry Counsel, Iowa Poultry Association, Kentucky Poultry Federation, Michigan Allied Poultry Industries, Mississippi Poultry Association, North Carolina Poultry Federation, Northwest Chicken Council, Ohio Poultry Association, Pacific Egg & Poultry Association, Texas Broiler Council, Texas Poultry Federation, The Poultry Federation, South Carolina Poultry Federation, U.S. Poultry & Egg Association and Virginia Poultry Federation along with 268 other state and national organizations.
The full text of the letter can be found here.
