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MIOSHA Emergency Rules 10/16/20

The Michigan Occupational Safety and Health Administration (MIOSHA) within the Michigan Dept. of Labor and Economic Opportunity (LEO) promulgated Emergency Rules which clarify the safety requirements employers must follow to protect their employees from COVID-19.

Much of the requirements under the Emergency Rules were included in former Executive Orders, now rescinded. Under the Emergency Rules, businesses that resume in-person work must, among other things, have a written COVID-19 preparedness and response plan and provide thorough training to their employees that covers, at a minimum, workplace infection-control practices, the proper use of personal protection equipment (PPE), steps workers must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19, and how to report unsafe working conditions. A notable difference in these rules is language on remote work under 5(8): “The employer shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely.”

MIOSHA’s Emergency Rules implement workplace safeguards for all Michigan businesses and specific requirements for industries, including manufacturing, construction, retail, health care, exercise facilities, and restaurants and bars. Industries that were previously required to provide mandatory temperature checks, including the manufacturing sector, are no longer required to do so and instead required to, under 6(1), “[…] conduct a daily entry self-screening protocol for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19, together with, if possible, a temperature screening.”

The rules establish workplace safety requirements and employers should coordinate these requirements with the Emergency Order issued by the Michigan Department of Health and Human Services restricting gathering sizes, requiring face coverings in public spaces and childcare facilities, placing capacity limitations on stores, bars, and other public venues and providing safer workplaces.

A set of online resources at Michigan.gov/COVIDWorkplaceSafety provides businesses with the guidelines they and their employees must follow and includes a sample COVID-19 preparedness and response plan and a reopening checklist to help businesses put safeguards in place. Businesses can also find posters for employees and customers, factsheets, and educational videos.

Additional Resources