UPDATE: October 16, 2020...© 2020 Miller Johnson. All rights reserved. 8 Authority: MCL 408.1021; MCL 24.248 Issued: October 14, 2020 Effective: 6 months – Can be extended for an

© 2020 Miller Johnson. All rights reserved.1

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UPDATE:October 16, 2020

Sandy Andre

Marcus Campbell

Patrick Edsenga


The materials and information have been prepared for informational purposes only. This is not legal advice, nor intended to create or constitute a lawyer-client relationship. Before acting on the basis of any information or material, readers who have specific questions or problems should consult their lawyer.

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Effective: October 9th

Duration: October 30th

Authority:Can prohibit the gathering of people for any

purpose

Establish procedures to be followed during the epidemic to insure continuation of essential public health services and enforcement of health laws

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Attendance limitations at gatheringsCapacity restrictionsProtection of workers Face covering requirements at gatherings Food service establishmentsOrganized sportsContact tracing

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Remote Work: Hold that thought . . . Face covering and social distancingAll employees in the workplace must wear face

coverings whenever they are:

within 6-feet of each other In shared common spaces

Daily self-screening protocol Symptoms Suspected or confirmed exposure to people with

COVID

Temperature checks: Hold that thought . . .

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Employees should not be allowed in the workplace if: They are subject to a recommended quarantine or

isolation consistent with CDC guidance

Have been instructed by a health or public health official to remain home, or

Are awaiting a COVID-19 test or result of a COVID-19 test after having symptoms UNTIL 24 hours have passed since resolution of fever, 10 days have passed since symptoms first appeared/positive test Other symptoms have improved Asymptomatic but (+) – 10 days after (+) test

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Effective January 1, 1975All employees shall be provided safe and

healthful work environments free from recognized hazard

Prescribes and regulates working conditionsDuties of employers and employeesGeneral Duty ClauseGeneral Industry StandardsConstruction Standards

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Existing standards that apply: Personal Protective Equipment Standard Sanitation Standard Respiratory Protection StandardHazard CommunicationAccess to Employee Exposure & Medical Records Recording and Reporting Occupational Injuries and

Illnesses

General Duty Clause

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June 2020: MI Court of Claims declared that Workplace Safeguards EO was unlawful to the extent that it deemed any violation of its workplace safety standards a per se violation of MIOSH Act.

June 2020: MIOSHA’s COVID-19 Interim Enforcement Plan

August 2020: First General Duty clause citations October 2020: Executive Orders invalidated, MDHHS Emergency Orders issued, included workplace req. MIOSHA Emergency Rule

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Authority: MCL 408.1021; MCL 24.248 Issued: October 14, 2020 Effective: 6 months – Can be extended for an

additional 6 months

11 RulesGood news:Much of the Emergency Rule looks a lot like EO

2020-84, and in several places less restrictive

Bad News:Much of the Emergency Rule looks a lot like EO

2020-84, and in some places more restrictive

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Hazard Assessment Preparedness and Response Plan Engineering controlsAdministrative controls Basic infection prevention measures PPEHealth surveillance Training

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Promote frequent handwashing Where soap/running water not available, provide

hand sanitizer

Require sick employees to not report OR to work in an isolated location

Prohibit workers from using others’ phones, desks, offices, or other tools and equipment when possible

Increase facility cleaning to limit exposure; establish cleaning protocol for “positive or suspected” case situations

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Use EPA-approved disinfectants Follow manufacturer’s instructions for

cleaning and disinfection

Remote WorkCreate a policy prohibiting in-person work for

employees to the extent that their work activities can feasibly be completed remotely

Region 6 carve-out may still be applicable per MDHHS Order.

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Daily entry self-screening protocol for all employees and contractorsQuestionnaire covering symptoms, and suspected

or confirmed exposure to people with possible COVID

Together with, if possible, a temperature screening

Direct employees to promptly report any signs or symptoms of COVID

Physically isolate known/suspected cases Positive test protocol; allow return only after

no longer infectious20


Designate worksite COVID-19 safety coordinator

Posters: Stay away from workplace when sick, cough and sneeze etiquette, proper hand hygiene practices

6-foot rule to the maximum extent possibleReduce congestion, including using ground

markings, signs, and physical barriers, as appropriate.

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Require and provide non-medical grade face coverings

Require face coverings in shared spacesRequire when employees cannot consistently

maintain 6 feet of separation

Consider face shields when employees cannot consistently maintain 3 feet of separation

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Provide appropriate to the exposure risk associated with the job

Follow CDC and OSHA guidance for PPE Properly fitted and work; used consistently;

regularly inspected, maintained, and replaced; properly removed, cleaned, and stored (or disposed of) to avoid contamination

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Medical treatment facilities/housing facilities to known/suspected cases: Frequent or prolonged contact: N95, goggles or

face shield, and a gown

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Provide any communication and training in the primary language common in the employee population

Training shall cover: Workplace infection-control practices The proper use of personal protective equipment Steps an employee must take to notify the business of

any symptoms of COVID, or a suspected or confirmed diagnosis

How to report unsafe working conditions

Update training if changes in Preparedness and Response Plan warrant

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Maintain records of Training Screening protocols Records of required notifications

Duration: 1 year

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Dedicated entry points (if possible) for daily screening (or, provide stickers/indicators to show they received a screening before entry)

Identify choke points and high-risk areas and control access so that social distance is maintained

Create protocols for minimizing personal contact upon delivery of materials to worksite

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Create dedicated entry points for daily screening and ensure physical barriers are in place to prevent anyone from bypassing screening

Create protocols for minimizing personal contact upon delivery of materials to the facility

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Create communications for customers to inform of change in practices and to explain precautions

Require patrons to wear a face covering Post signs:Wear a face coveringDo not enter if sick

Design spaces and activities in a manner that encourages 6-feet of distance between one another

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Install physical barriers at checkout/other service points that require close interaction

Establish enhanced cleaning/sanitizing for high-touch areas

Capacity restrictions: 50%

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Require 6-feet of separation between partiesRequire patrons to wear a face covering

except when seated at their table/bar top

Prohibit access to common areas where people can congregate

Create communications for customers to inform of change in practices and to explain precautions

Post signs:Wear a face covering until seated at their tableDo not enter if sick

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Post signs instructing patients to wear a face covering

Limit waiting area occupancy to the number of individuals who can be present while staying 6 feet away from one another

Mark/arrange waiting rooms to enable 6-feet of social distancing

Conduct screening protocol for all patients, including temperature check and questions about COVID symptoms

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Place hand sanitizer and face coverings at patient entrances

Require patients to wear face coverings while in facility

Install physical barriers at sign-in, temp. screening, or other service entry points that require personal interaction

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Maintain accurate appointment record (incl. date and time of service, name of client, and contact information)

Prior to entering the home, inquire with the customer whether anyone in the household has been diagnoses with COVID-19, is experiencing symptoms, or had close contact.

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Post signsWear a face coveringDo not enter if sick

Restrict entry to customers, customer caregiver, minor children of customer

Limit waiting-area occupancyDiscard magazines in waiting areas and other

non-essential, shared items that cannot be disinfected

Contact tracing

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Mark/arrange waiting rooms to enable 6-feet of social distancing

Require face coverings; face shield/goggles when customer must remove

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Require patrons to wear a face covering Establish crowd limiting measures Sports/Entertainment facilities: Establish safe

exit procedures

Contact tracing

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Require patrons to wear face coveringsRegular equipment cleaningCapacity restrictions: 25% 6 feet between each workout stationContact tracing

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Dedicated entry point for screening Control ingress and egress to facility to prevent

bypassing screening

Provide additional facemasks if soiled

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Post signs:Wear a face coveringCDC guidelines for social distancing, proper

Handwashing, do not enter if sick

Designated entry and exit points Require face coverings Capacity restrictions: 15%Daily entry screening: Everyone entering the facility (employees and

customers)

Symptoms, contacts, and temperature checks

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Read MDHHS Order and MIOSHA Emergency Rule together

More to come?Clean up? Updated versions?MDHHS Order and MIOSHA Rule: Litigation is likely Potential legislationNew/more local county health orders

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Q: Do my employees have to wear a face covering at work if they can always be 6 feet away from another person while working?

A: No, except in shared spaces (walkways, hallways, bathrooms, breakrooms, in-person meeting rooms)

Q: The Executive Orders are invalid, do we still need to allow people to work remotely?

A: Yes – if they can “feasibly” work remotely. Region 6 still likely has a carve out and remote work is not required (Per MDHHS Order).

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Q: Employee tests (+), when can he/she return to work? 10 days after symptoms first appeared and at least 24

hours without a fever and other symptoms have improved

Asymptomatic – 10 days after (+) test result

Q: My employee had a fever, but did not get tested for COVID. She feels fine the next day –when can she come back to work? 10 days after symptoms first appeared; OR After a negative COVID test.

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Q: Can I send an employee home if he/she has COVID-19 symptoms – even if they tell me “I’m fine – I don’t want to go home – I have not been in contact with anyone with COVID-19?”

A: Yes – you must send the employee home.

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45 Ottawa Ave SWSuite 1100Grand Rapids, MI 49503

100 W Michigan AveSuite 200Kalamazoo, MI 49007

millerjohnson.com

409 E. Jefferson AveFifth FloorDetroit, MI 48226 48

616.831.1731

[email protected]

616.831.1791

[email protected]

Sandy Andre Marcus Campbell

[email protected]

Patrick Edsenga


https://resources.millerjohnson.com/

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Documents

UPDATE: October 16, 2020...© 2020 Miller Johnson. All rights reserved. 8 Authority: MCL 408.1021; MCL 24.248 Issued: October 14, 2020 Effective: 6 months – Can be extended for an