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June 5 2020

Client Alert - What Will be Required for a Haircut? EO 2020-114 is Issued to Update Workplace Precautions Required in Michigan

By: Michael J. Huff

As Michigan continues to reopen its economy, Executive Order 2020-114 (the “Order”) was issued to update safeguards to protect workers across the State.

The Order includes minimal additional regulations applicable to all employers across the State, regardless of industry.  First, an employer must now immediately update the local public health department in the event an employee is identified as having a confirmed case of COVID-19.  Previously, an employer had 24 hours to provide such a notification.  Second, an employee now cannot return to the workplace until released from quarantine by the local health department.

There are also minor changes to the regulations applicable to specific workplaces.

For office work, the Order provides that offices should use virtual meetings whenever possible.  Certain symptoms shown by an employee which would require a restaurant to close are now explicitly defined as follows: the onset of a new cough or chest tightness, or two of the following: fever (measured or subjective), chills, rigors, myalgia, headache, sore throat, or olfactory/taste disorder(s).

The most significant changes are those related to specific workplaces which will be reopening in the coming weeks.

1.  Personal Services

Notably, Executive Order 2020-115 allows for the resumption of certain personal care services, such as barbering and cosmetology services, across the entire State on June 15.  To provide personal care services, a business will need to comply with the following regulations, in addition to the restrictions applicable to all operators, such as having a COVID-19 Preparedness and Response Plan:

  • Maintain accurate appointment and walk-in records, including date and time of service, name of the client, and contact information.
  • Signs must be posted informing customers not to enter if they are or have recently been sick.
  • Entry must be restricted to customers, a caregiver of customers, or the minor dependents of a customer.
  • Workstations must be separated by at least six feet and include, if feasible, physical barriers between them.
  • Six feet of social distancing must be maintained in waiting areas.  If possible, customers are to be asked to wait in their cars for their appointments to be called.
  • All self-service refreshments must be discontinued.
  • Magazines must be discarded, as must other shared items which cannot be disinfected.
  • Markings must be included to enable 6 feet of social distancing
  • Employees must wear PPE in accordance with CDC and OSHA guidance.
  • Employees and customers must wear a face covering at all times, except a customer may temporarily remove a facemask if necessary to receive a service.  During the provision of services which require removal of a facemask, the provider of services must wear a face shield or goggles in addition to a face covering. 
  • Install physical barriers, such as sneeze guards and partitions, at cash registers and other locations where maintaining 6 feet of physical distancing is difficult.
  • Cooperate with the local public health department in the event of a confirmed case of COVID-19 within the facility.

2.  Sports and Entertainment Facilities and Gymnasiums, Fitness Centers,
     Exercise Facilities, and other similar facilities

At the present time, entertainment facilities, gyms, and other like facilities will be permitted to reopen in the Upper Peninsula and Greater Traverse City region on June 10.  In addition to capacity limitations set forth by Executive Order 2020-115 and the regulations applicable to all employers and operators, employees and spectators will notice changes at all entertainment facilities, gyms, and other like facilities.  Patrons will be encouraged or required to wear face coverings.  Markings to meter the flow of patrons and maintain social distancing will need to be included, such as markings on the ground, at entertainment facilities.  Procedures will need to be established to establish safe exit procedures at sports and entertainment facilities.  Employees will need to be trained how to monitor and enforce compliance with a facility’s COVID-19 protocols.  High-touch surfaces will need to be frequently disinfected with deep cleaning occurring after each event or, as necessary, during the day.  Self-serve food and drink options must be closed.

Gyms and other like facilities will need to maintain accurate records, including the date and time of event, name of attendees, and contact information for each person who enters.  A gym will need to configure workout stations to provide for 10 feet of social distancing during exercise sessions, or 6 feet if barriers are in place.  Disinfecting materials will need to be provided and equipment will need to be regularly disinfected, including immediately after use.  Actions must be taken to assure ventilation systems are operating properly.  Steam rooms and saunas must be closed.

Other restrictions apply to sports and entertainment facilities and to gymnasiums, fitness centers, and exercise facilities and should be reviewed.  For customers and employees, the requirements will mean a different experience than prior to COVID-19. 

For more information regarding compliance with currently effective Executive Orders and other applicable laws, maintaining MIOSHA compliance, or to address other business and legal issues related to COVID-19 contact Nikole Canute, Scott Dwyer, or Nate Wolf.