Effective today, the Michigan Occupational Safety and Health Administration (MIOSHA) revised its Emergency Rules specific to COVID-19 workplace safety measures. The revised Emergency Rules (“the Revised Rules”), among other things: eliminate mask requirements and social distancing requirements for fully vaccinated employees, eliminate the requirement that employers prohibit in-person work, relax disinfection and cleaning measures, and eliminate industry-specific restrictions.
The Revised Rules also provide employers with options to demonstrate compliance with its social distancing and mask requirements (again, applicable only to employees who are not fully vaccinated):
- Keep records of whether employees are fully vaccinated, and, thus, exempt from the distancing and mask rules;
- Post signs in work areas reminding employees who are not fully vaccinated to wear face coverings and maintain appropriate distancing;
- Allow or require remote work; and/or
- Require face coverings and social distancing for all employees regardless of vaccination status.
Employers should note that certain requirements present in the prior rules remain in MIOSHA’s Revised Rules, including but not limited to, requirements that employers conduct a daily self-screening protocol for all employees or contractors entering the workplace (and keep records of the same as to unvaccinated individuals), isolate employees experiencing symptoms of COVID-19, designate an on-site COVID-19 safety coordinator, and maintain a written COVID-19 preparedness and response plan.
MIOSHA’s Revised Rules can be found at the following link: https://www.michigan.gov/documents/leo/MIOSHA_COVID_Emergency_Rules_726100_7.pdf. The Revised Rules state that they shall remain in effect until October 14, 2021.
Employers with questions regarding MIOSHA’s Revised Rules should contact Nikole Canute (moc.sreyemakim@etunacn) or (616) 632-8049, Nathaniel Wolf (moc.sreyemakim@flown) or (616) 632-8046, or their Mika Meyers attorney.