Michigan Releases New COVID-19 Workplace Guidance for Healthcare Settings

On June 22, 2021, the Michigan Occupational Safety and Health Administration (MIOSHA) released new emergency rules (the Rules) that replaced the May 24, 2021 emergency rules.  The new Rules will remain in effect until December 22, 2021. 

Critically, the updated Rules apply only to healthcare employers.  MIOSHA reasons that healthcare settings may pose a higher exposure risk for employees, and thus, it recommends continued protections in those settings to mitigate the spread of COVID-19.  The Rules adopt the Federal Occupational Safety and Health Administration (OSHA)’s Emergency Temporary Standard.  Under that federal rule and the new MIOSHA Rules, healthcare employers must do the following, including but not limited to:

• Develop and implement a COVID-19 plan for each workplace;
• Provide, and ensure employees wear, facemasks (with exceptions in certain circumstances);
• Follow standard practices for cleaning and disinfecting surfaces and equipment;
• Screen each employee before each work day and each shift; and
• Train employees on using a respirator if the employer decides to provide respirators.

These Rules rescind the prior restrictions for non-healthcare employers.  Non-healthcare employers may use their best judgment in determining which COVID-19 workplace rules to maintain.  MIOSHA strongly encourages workplaces to follow the available CDC and OSHA recommendations to mitigate the spread of COVID-19. 

Michigan guidance regarding the COVID-19 pandemic is complex and changing.  We will continue to monitor and update on a regular basis. If you have questions about this or any other workforce issue, please do not hesitate to contact your relationship attorney or one of Honigman’s Labor & Employment attorneys.