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Sunday, June 21, 2020

Teachers SHOULD NOT sign a covid 19 waiver (draft)

At the president's rally people had to sign a covid 19 waiver releasing the campaign of liability if they got sick.

That was the first many of us heard about signing a covid waiver but it probably won't be the last.

From Yahoo Sports, 

 On a scorching June day in Phoenix, some of Arizona’s best basketball prospects gathered outside the entrance to a high school gym.
They were eager for the state’s first major showcase since the onset of the pandemic, but they had to satisfy safety measures before they could play. Temperature checks and mandatory hand washing for their own protection and something else entirely for the security of the creators of the event. 
Organizers required athletes to have a COVID-19 liability waiver signed by themselves and a parent or guardian before entering the gym. Some athletes and parents were so quick to put pen to paper that they didn’t realize they had just waived their right to litigation and assumed all coronavirus-related risk. 
“I definitely didn't read it when I signed,” admitted rising senior Arthur Kaluma, a 6-foot-7 forward with a long list of high-major scholarship offers. “I just want to be back on the court and play. We all do.”
The rise of COVID-19 liability waivers across athletics is a byproduct of sports returning while the pandemic is still ongoing. Cash-strapped high schools, colleges and club sports organizations want to protect themselves against opportunistic coronavirus lawsuits. As a result, they’re telling athletes that they can only play their sports if they sign a document forfeiting their legal rights.
Um, these are kids playing sports. Signing away their rights and maybe their health. 
From the Hill,
Businesses and schools are increasingly turning to coronavirus waivers to guard against potential lawsuits in the absence of a federal liability shield. 
The use of waivers garnered national attention last week when the Trump campaign told attendees for an upcoming rally in Tulsa, Okla., that they must agree not to sue the campaign or venue if they contract the coronavirus. Since then, the Ohio State University football program has asked players to sign an acknowledgment of risk waiver regarding COVID-19.
Proponents of a liability shield argue that the proliferation of waivers shows there’s demand for a federal standard, while opponents say employers and academic institutions shouldn’t be given the green light to be negligent when it comes to protecting workers and students. 
The waivers, however, are seen as a poor substitute for blanket immunity. 
“The immunity legislation is like a sledgehammer where the waivers are like a scalpel. The waivers only apply to people who sign them, not to family members who catch it from someone who signed it, for example,” said John Witt, a professor at Yale Law School.
While the impact on consumers and students can vary by state, legal experts say waivers act as a strong deterrent to keep people from taking legal action. For example, a Trump rally attendee who contracts coronavirus after signing a waiver acknowledging the health risks may be less likely to file a lawsuit. 
 A liability shield? Why does that sound like something to protect the business rather than the employee or customer. 
From Times,
 As businesses reopen across the U.S. after coronavirus shutdowns, many are requiring customers and workers to sign forms saying they won’t sue if they catch COVID-19. 
Businesses fear they could be the target of litigation even if they adhere to safety precautions from the Centers for Disease Control and Prevention and state health officials. But workers’ rights groups say the forms force employees to sign away their rights should they get sick. 
So far, at least five states — Utah, North Carolina, Oklahoma, Arkansas and Alabama — have such limits through legislation or executive orders, and others are considering them. Business groups such as the U.S. Chamber of Commerce are lobbying for national liability protections.
Won't sue? How about instead of signing waivers, businesses sign guarantees they will make things as safe as possible? Why is it the regular guy, the average Joes that have to assume the risk or else. 
Teachers, heck nobody should be required to do something dangerous, unless their job is inherently dangerous in order to keep their job and that should be the bottom line. Instead of forcing somebody to sign a waiver, we should be making sure schools and businesses are doing all they can to make sure things are safe.
I get the urge to get things back to normal. I miss the gym, the movie theater and the club as much as the next guy but if we don't get it right, we are going to be right back to where we were or worse and the responsibility shouldn't just fall on workers shoulders to restart society at the potential cost of their health and maybe life. Sign a waiver? Give up your rights? No, instead businesses and schools should sign guarantees to do all they can or not open.  

2 comments:

  1. Thank you! I agree. I think opening SAFELY should be the goal. Taking a gamble with teacher's lives, student's lives by forcing waivers says, "We aren't doing everything possible to keep you safe. So, don't sue us if you want to keep your job, keep your education going...

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  2. WE have a contract. The school board cannot arbitrarily impose new conditions upon us. I understand the concern, but it won't come to pass. DTU is not going to agree to waivers of liability.

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