Executive Orders Out - Emergency Orders and Emergency Rules In - American Society of Employers - Linda Olejniczak

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Executive Orders Out - Emergency Orders and Emergency Rules In

Michigan lawGovernor Whitmer’s Executive Orders were declared unconstitutional by the Michigan Supreme Court (MSC) in October.  Soon the Michigan Department of Health and Human Services (MDHHS) issued emergency orders and Michigan Occupational Safety and Health Administration (MIOSHA) issued emergency rules governing workplace safety. It is important to know what changed and what stayed the same.

Like the Governors executive orders, the new rules and orders have established pillars for preventing COVID-19 in the workplace.  The MDHSS orders keep in place remote work, health screenings, contact tracing, mask requirements, limitations on gatherings, and capacity restrictions.  The MIOSHA rules require businesses resuming in-person work to have the following:

  • A COVID-19 preparedness and response plan
  • Remote work policy
  • Employee training on practices to control the spread and proper use of PPE
  • Steps for notifying an employer of COVID-19 exposure or diagnosis
  • Steps for reporting unsafe working conditions.

The MIOSHA rules also have industry specific requirements. 

Some of the general employer rules that are required include:

Preparedness and Response Plan: Employers shall develop a written plan, consistent with current CDC and OSHA guidelines. It must include employee exposure determination procedures and preventative measures to reduce the spread of COVID-19.

Remote Work – Employers shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely. This will minimize the presence of individuals gathered in work settings where COVID-19 may spread. Employers should only permit in-person work when attendance is strictly required to perform job duties (e.g., food service, auto assembly or healthcare worker, or a job involving protected data that cannot be accessed remotely).

Worksite COVID-19 Safety Coordinators - Employers shall designate one or more worksite COVID-19 safety coordinators (WCSC) to implement, monitor, and report on the COVID-19 control strategies developed under these rules. There is no requirement for a task force, but it is a way for organizations to monitor the pandemic and implement changes as needed.

Recordkeeping Requirements –It is a requirement that employers maintain a record of the following requirements:  training, screening protocols, and health surveillance. The health surveillance records should be maintained like medical records.

We recommend you review the MDHHS emergency order, MIOSHA emergency rules, and MDHHS “Keeping a Safe Workplace Guidance” for specific details on how to help prevent the spread of COVID-19 in the workplace.

For more information see our COVID-19 Resource Page and ASE Members can access our Pandemic Disease and Pandemic Toolkit for a Response Plan Template, Remote Work Policy, and other resources via the ASE Member Dashboard.

 

Additional ASE Resources

HR Comply - To keep up on all the latest Michigan regulations, attend HR Comply, a 2-day virtual conference.  Day 1 features a Michigan Legislative Update presented by Michael J. Burns, EVP, ASE. View the full conference agenda and register here.

 

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