Michigan Extends Current COVID-19 Workplace Rules For Six Months

On April 10, 2021, Governor Gretchen Whitmer extended the Michigan Occupational Safety & Health Administration (“MIOSHA”) COVID-19 Emergency Rules (the “Rules”) in largely their original form for an additional six months. The Rules are now effective until October 14, 2021. Under the Rules, employers must still prohibit in-person work for employees to the extent that their work activities can feasibly be completed remotely. Our previous guidance on the Rules is available here and has been reproduced below. 

MIOSHA also indicated that proposed permanent COVID-19 rules have been submitted for review. The proposed rules make minor changes to the current COVID-19 guidance. We will send out a new alert when they become final, likely before the expiration of the current rules.

Under the emergency rules, employers must:

1. Develop and implement a written COVID-19 preparedness and response plan;
2. Categorize employee potential COVID-19 exposure risk;
3. Promote basic infection prevention measures for all employees, including promoting remote work practices;
4. Implement health surveillance including daily workplace entry self-screening questionnaires and, if possible, temperature screenings;
5. Prepare to notify local public health departments and exposed persons in the event of a known case of COVID-19;
6. Designate a worksite COVID-19 safety coordinator;
7. Enforce social distancing and face covering requirements;
8. Provide personal protective equipment to employees as appropriate;
9. Provide COVID-19 training to employees; and
10. Record compliance with training, screening, and notification requirements under the order.

 In addition, certain industries must implement more specific requirements. These industries include: construction; manufacturing; retail, libraries, and museums; restaurants and bars; health care; in-home services; personal-care services; public accommodations; sports and exercise facilities; meat and poultry processing; and casinos.

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.