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COVID 19 changes Legalese

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  • COVID 19 changes Legalese

    Face masks with "N95" will be changing, if nothing more than the disavowing of protection. I have some unused masks left over from last year (two different kinds) that are rated at N95. (Both kinds are for use when we have colds, or pollen is heavy, or farm spraying is going on, or flu season - not for wood work or lawn mowing.) I was getting low on both kinds and have been looking for more since March. (Hey, Our family spent 25 years in Japan where masks are common for those with colds, allergies or those afraid of catching a cold/flu from others - which is 95% of them. So wearing a mask even in normal times is not out of the ordinary for us.)

    With the COVID 19, I have been keeping my eye out for masks. Most places that sell them will not announce when they are getting them in, and when they do get them, they are gone in a few hours. This morning early, I got an advertisement of face masks - like the ones we used to get at CVS pharmacy with specifications on the box. When I got to the store (Ollies Bargain chain), I looked at the box and . . . basically on the outside it said they don't guarantee it against anything. I bought a box $32 for 50. In my car, I took the mask I wore yesterday and with some scissors cut it in two, and did the same with one of the new bargain brand. Stitching, shape, color, layers, thickness were all the same with the CVS one and the Bargain ones. I went in and bought another box for the pastor of my church (Who was VERY happy to get some.)

    AS I looked at the two different "brands" - CVS vs generic, they were the same but it dawned on me that even the Name Brand legalese will probably change soon, if it hasn't already. I can see where some money seekers will sue a company for them getting the COVID 19 virus even though they wore a brand name mask "religiously". Kinda like lawn mower and saw companies that have to "cover their behinds" because of dumb people - or those that love to live by taking advantage of law suits in any way they can.

    After I gave a box to my pastor, he discussed with me a conversation that I missed because I was 10 minutes late to a pastors conference this past week: Should we give out masks to all that come? A couple of pastors (including mine) replied "No". If we pass out masks instead of asking people to bring their own, there is an implied message that they will probably be protected if they wear the masks we hand out. "Liablity" falls on the church at that point. BTW, the discussion was on "re-opening" our churches and the practice of social distancing also.

    Comments on: Liability of facemask makers? Companies that hand out masks but workers still get the virus?
    Last edited by leehljp; 05-16-2020, 04:25 PM.
    Hank Lee

    Experience is what you get when you don't get what you wanted!

  • #2
    It’s an unfortunate part of the world we live in. Someone else always has to be responsible.

    We sent 85% of our workforce to work from home a week before it was mandated and we do not look to be trend setters in bringing them back but we are trying to look ahead to that day. Do we supply masks? One argument is since they are required everywhere you go now our employees should already have their own. We ended up at we will supply each employee with one. Exactly one. For our outside sales folks we had some made up with our logo and in small print underneath “If you can read this you might be too close”
    Rick
    IG: @rslaugh_photography
    A sailor travels to many lands, Any place he pleases
    And he always remembers to wash his hands, So's he don't gets no diseases
    ~PeeWee Herman~

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    • #3
      My wife pointed out a FB post a few days ago in which someone in Japan ran an experiment with a restaurant that had just opened. Employees of course wore masks but patrons did not. The experiment was with patrons though. AS they went in, they used hand sanitizer that had UV or other response to black light ingredient in it. They were told this, and were instructed on how to touch things and what things not to touch - mouth, eyes, nose, ears, table, chairs etc.

      Japanese are meticulous at following directions to the "T" *. (I'll give an example at the end.)

      At the end of the meal, it was astonishing how many times they absentmindedly touch different parts of their face and how many spots were all over the table. It would have been VERY easy to transfer molecules from the table to the face. People's faces, including their ears lit up when the UV light was turned on.

      Following directions: An American friend of mine that lived in Hokkaido (Northern most island) saw a new store open - a Baskin Robbins. He was excited and went in. he was an excellent Japanese language speaker. He told the lady that he wanted a double dip cone. She replied: 'I can't do that". He said "Its easy, put one scoop on and then one on top of that." She replied: "I have not been 'instructed' on how to do that yet, so I cannot." . . . I went into a Mister Donuts once and saw a fresh batch of glazed donuts coming out. I asked for one of those. The lady replied: "They are unsafe as they are just out of the cooker and are too hot!" - They generally FOLLOW directions!
      Hank Lee

      Experience is what you get when you don't get what you wanted!

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      • #4
        An interesting conversation. We worry so much about "liability" in this country that there are times when I feel we just don't care, can't be involved, and or consider that any attempt to help, might bring liability upon ourselves, even if we are successful with saving someone from their problem. Does that happen only here in the "land of lawyers", or does it exist worldwide?

        Yesterday on the News I saw a short clip where some ignorant girl was yelling at guy, telling him he looked "silly" for wearing a mask, she went on to scream at him, "This is America!" I mean REALLY... a scream of "This is America", yet the person doing the screaming is showing anything but the ideals of liberty or democracy, instead she's outwardly showing us how biased and condemning she can be.... anything but recognition of being free and liberated.... or being anything beyond grossly ignorant and ill-mannered!

        When I used to illustrate and write instruction manuals, there was always the internal conflict with the Engineering and Legal Departments that I would have over what we can and cannot write. Do we tell the typical purchaser the "hows and whys" of some things, or in so doing are we going to be legally liable should the 'instruction' somehow promote that an unqualified person hurt themselves BECAUSE we wrote the instructions, and then they used the excuse that "you told me I could. so how was I to know that electricity or high pressure can maim or kill me!" Then of course there are always those among us who simply won't bother to read the instructions, the warnings and cautions because they think it's not necessary, as they already know everything.

        I see that a lot, especially with American men (and certainly the men in some European countries). Guys who are either just too macho or just think they know everything, or find it too unmanly to read something or to follow instructions; or to be told what to do in times like these because they use the excuse of "liberty". (How many times in our lives do we hear, "You're not my Boss!"... how young do we start that kind of thinking?

        This morning I read a headline where some men think that "wearing a mask" was an insult to their manhood. Their thinking is that it is a feminine thing! Gee, I never knew that! I guess all those guys holding up the stage coaches back in those Western Movies were just a bunch of "girly boys".... who would have thought??!



        CWS
        Last edited by cwsmith; 05-17-2020, 01:12 PM.
        Think it Through Before You Do!

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        • #5
          I have always had N95 masks by the box in the shop, so I started wearing one early on. It was interesting to watch the progression of reactions from people, as I was often the only one, to then being one of most.

          Now it seems like the Cheeto Jesus worshippers need to "prove" that their messiah not wearing one shows that the whole thing is unnecessary. I saw a couple get out of a truck with a message on the back window like "Masks are slavery." And saw a guy with a shirt that said Mask=Communism. Idiots.

          I also go through a lot of gloves. It amazes me to see masked people at a gas station, where there is zero chance of breathing on each other, but touching pumps and then touching their faces. I have a touch of OCD so I have no problem staying in protocol to remove a glove at the right time to avoid cross contaminating from a pump to my truck, or business door handle to my goods and to the truck.

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