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May 21 2020

New Executive Orders Further Relax Restrictions On Gatherings Across State, Add Additional Worker Safety Requirements for Reopening Sectors

By: Michael J. Huff

On May 21, the Governor of Michigan issued Executive Order 2020-96, which is Michigan’s new stay-at-home order, and Executive Order 2020-97, which governs worker protections in Michigan.

In advance of Memorial Day weekend, Executive Order 2020-96 permits individuals throughout the State of Michigan to attend a social gathering of no more than 10 people.

This past week, retail activities were permitted to resume in the Upper Peninsula and Greater Traverse City Region beginning on May 22, 2020.  Under the terms of Executive Order 2020-96 beginning May 26, 2020, non-essential, in-person retail activities may resume in regions outside of the Upper Peninsula and Greater Traverse City Region, provided that retail activities may be performed only by appointment and store capacity is limited to 10 customers at any one time.  Additionally, as of May 26, workers may travel to work at motor vehicle dealerships, provided that showrooms may only be open by appointment. 

As of May 29, 2020, non-essential medical and dental procedures may be also provided.

All activities must be conducted in compliance with Executive Order 2020-97, which governs worker protections.  Notably, all businesses must have a COVID-19 Preparedness and Response Plan in place.  The plan needs to be consistent with guidelines set forth by the Occupational Health and Safety Administration.  Such a plan must be in place by the later of June 1, 2020, or within two weeks of the date upon which in-person activities resume. 

Additionally, all employers must follow the other worker safety provisions set forth in Executive Order 2020-97.  While some provisions apply to all employers, such as designating worksite supervisors to implement, monitor, and report on COIVD-19 control strategies, providing COVID-19 training to all employees, conducting a daily entry self-screening protocol, and maintaining social distancing on-site, there are additional requirements specifically applicable to certain sectors.  For example, all retail stores across the State intending to open pursuant to Executive Order 2020-96 will need to following the requirements set forth in Section 6 of Executive Order 2020-97 and out-patient health-care facilities which will resume operations need to follow the restrictions set forth in Section 9.

To assure operations are conducted in compliance with the Executive Orders and other applicable laws, contact Nikole Canute, Scott Dwyer, or Nate Wolf.