MIOSHA Issues COVID-19 Emergency Rules for Employers

The Michigan Occupational Safety and Health Administration (“MIOSHA”) recently issued emergency rules for employers, essentially recreating components of Governor Whitmer’s COVID-19 executive orders that the Michigan Supreme Court recently struck down. 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 rapidly. 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.