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Epidemic Orders & Related Regulatory Guidance

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Update

Michigan COVID-19 Workplace Safety Director Sean Egan hosted a live webinar to discuss the updated MIOSHA Emergency Rules which included workplace requirements to establish safe and healthy work environments.

 

MDHHS Emergency Orders

Keeping A Safe Workplace: Guidance For Employers

MDHHS Gatherings and Face Mask Order—Emergency Order under MCL 333.2253 (Effective June 1—July 1, 2021)

The Michigan Department of Health and Human Services (DHHS) has issued an Emergency Order pertaining to gatherings and the usage of face coverings in the state. This order is in effect June 1---July 1, 2021. Below are some of the highlights of this order:

  • Paragraph 1(d): “Establishment” means a business, store, office, government office, school, organized event, public transit service, or other public or private operation or facility where gatherings may occur. This term does not include residences.
  • Paragraph 1 (e) “Employee” means that term as defined in section 2 of the Improved Workforce Opportunity Wage Act, 2018 PA 337, as amended, MCL 408.932, and also includes independent contractors.
  • Paragraph 1(f): “Face mask” means a tightly woven cloth or other multi-layer absorbent material that closely covers an individual’s mouth and nose.
  • Paragraph 1(h): “Fully vaccinated persons” means persons for whom at least two weeks has passed after receiving the final dose of an FDA-approved or authorized COVID-19 vaccine.
  • Paragraph 1(i): “Gathering” means any occurrence, either indoor and outdoor, where two or more persons from more than one household are present in a shared space.
  • Paragraph 1(k): “Indoors” means within a space that is fully or partially enclosed on the top, and fully or partially enclosed on two or more contiguous sides. Additionally, in a space that is fully or partially enclosed on the top, and fully a partially enclosed on two non-contiguous sides, any part of that space that is more than 8 feet from an open side is indoors.
  • Paragraph 1(o): “Principal symptoms of COVID-19” means at least 1 of fever, uncontrolled cough, or atypical new onset of shortness of breath, or at least 2 of the following not explained by a known physical condition: loss of taste or smell, muscle aches, sore throat, severe headache, diarrhea, vomiting, or abdominal pain. Per section 1(j) of 2020 PA 339, this definition represents the latest medical guidance, and serves as the controlling definition.
  • Paragraph 2(a) (1-2): This paragraph indicates that in-person board meetings can resume as long as they are at non-residential locations as long as the occupancy does not exceed the greater of: (1) 50% of the limits established by the State Fire Marshal or a local fire marshal (or 30 persons per 1,000 square feet if not applicable fire marshal limit exists; or (2) 25 persons.
  • Paragraph 2(b): Section 2(a) does not apply to the following:
    • (1) workplace gatherings that occur consistent with the Emergency Rules issued by MIOSHA on October 14, 2020, and subsequently extended or replaced.
  • Paragraph 2 (c):Gatherings at establishments are prohibited unless establishments, hosts, organizers, and other persons responsible for gatherings ensure that the gatherings comply with the requirements of this order.
  • Paragraph 4. Indoor Face Mask Requirement.
    • (a): Except as specified in section 5, all persons participating in indoor gatherings are required to wear a face mask.
    • (b): A person responsible for an establishment, or an agent of such person, must prohibit gatherings at their establishment unless the person makes a good faith effort to ensure that all persons at their establishment (including employees) comply with section 4(a). For purposes of this section, a “good faith effort” may include any of the following: posting a sign notifying people that wearing a mask is required unless a person falls into a specified exception; asking patrons not wearing a mask whether they fall into a specified exception; requiring face masks of all patrons and employees; any other policy designed to ensure compliance with section 4(a).
  • Paragraph 5. Exceptions to face mask requirements. The requirement to wear a face mask at indoor gatherings does not apply to individuals who:
    • (a): Are fully vaccinated persons;
    • (b) Are younger than 2 years old;
    • (c): Cannot medically tolerate a face mask;
    • (g): Are asked to temporarily remove a face mask for identification purposes;
    • (h): Are communicating with someone who is deaf, deafblind, or hard of hearing and whose ability to see the mouth is essential to communication.
    • (l): Are engaging in an activity that requires removal of a mask not listed in another part of this section and are in a facility that provides ventilation that meets or exceeds 60ft3/min of outdoor airflow per person.
  • Paragraph 6. Contract Tracing Requirement for Particular Gatherings.
    • (d): Upon request establishments must provide names and phone numbers of individuals with possible COVID-19 exposure to MDHHS and local health departments to aid in contract tracing and case investigation efforts.
    • (e): Data collected under this section: (1) Must not be sold, or used for sales or marketing purposes without the express consent of each patron; (2) Must be protected as confidential information to the fullest extent of the law; (3) Must be not provided to law enforcement or immigration officials except upon receipt of a lawful subpoena from a court or other lawful court order; and (4) must be retained for 28 days by the collecting organization, after which time the data must be destroyed. If facilities use existing data to fulfill this requirement, they may instead follow their own pre-existing data retention and destruction policies at the conclusion of the 28-day retention period.
  • Paragraph 7. Implementation.
    • (a): Nothing in this order modifies, limits, or abridges protections provided by state or federal law for a person with a disability.
    • (b): Under MCL 333.2235(1), local health department are authorized to carry out and enforce the terms of this order.
    • (c): Law enforcement officers, as defined in the Michigan Commission on Law Enforcement Standards Act, 1965 Public Act 203, MCL 28.602(f), are deemed to be “department representatives” for purposes of enforcing this order, and are specifically authorized to investigate potential violations of this order. They may coordinate as necessary with the appropriate regulatory entity and enforce this order within their jurisdiction.
    • (e): Consistent with MCL 333.2261, violation of this order is a misdemeanor punishable by imprisonment for not more than 6 months, or a fine of not more than $200.00, or both.
    • (f): Nothing in this order affects any prosecution or civil citation based on conduct that occurred before the effective date of this order.
    • (g): Consistent with any rule or emergency rule promulgated and adopted in a schedule of monetary civil penalty under MCL 333.2262(1) and applicable to this order, violations of this order are also punishable by a civil fine of up to $1,000 for each violation or day that a violation continues.

This order takes effect on Tuesday, June 1, 2021 at 12:01 a.m. At that time, the order entitled “Gatherings and Face Mask Order” issued on May 14, 2021, is rescinded. This order remains in effect through July 1, 2021, at 11:59 p.m. For the full text of this order please visit this link.

 

Gatherings and Face Mask Infographic

MIOSHA Updates Guidance on Quarantine Requirements for Fully Vaccinated Employees

CDC has updated their guidance on quarantine periods for fully vaccinated individuals in non-healthcare settings.

  • Fully vaccinated people with COVID-19 symptoms -isolate from others, be clinically evaluated for COVID-19, and tested for SARS-CoV-2 if indicated.
  • Fully vaccinated people with no COVID-like symptoms following an exposure - do not need to quarantine or be tested following an exposure to someone with suspected or confirmed COVID-19.
  • Fully vaccinated employees of non-healthcare congregate settings and other high-density workplaces (e.g., meat and poultry processing and manufacturing plants) with no COVID-like symptoms do not need to quarantine following an exposure; however testing following an exposure and through routine workplace screening programs (if present) is still recommended.

Persons who do not meet the above criteria should follow current CDC quarantine guidance after exposure to someone with suspected or confirmed COVID-19.

MIOSHA Emergency Rules

The Michigan Department of Labor and Economic Opportunity and MIOSHA have updated their emergency rules pertaining to workplace safety during the COVID-19 pandemic.

Rule 1a. Application of other rules. These emergency rules supersede the entirety of the emergency rules filed on October 14, 2020, and the extension of these emergency rules filed on April 13, 2021.

Rule 1b. Suspension of previous rule. In the event these emergency rules issued on May 24, 2021 are deemed invalid by a court of competent jurisdiction, the previously filed rules will remain effective for the duration of the extension.

Rule 2. Definitions.

  • (2)(a) “Close contact” means close contact as defined by the latest United States Centers for Disease Control and Prevention (CDC) guidelines at the time of contact.
  • (2)(b) “COVID-19” means a viral respiratory illness characterized by symptoms defined by the CDC.
  • (2)(c) “Known cases of COVID-19” means persons who have been confirmed through diagnostic testing to have COVID-19.
  • (2)(d) “SARS-CoV-2” means the novel coronavirus identified as SARS-CoV-2 or a virus mutating from SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus which is the causative agent of COVID-19.
  • (2)(e) “Suspected cases of COVID-19” means persons who have symptoms of COVID-19 but have not been confirmed through diagnostic testing or unvaccinated persons who have had close contact with a person who has been confirmed through diagnostic testing to have COVID-19.
  • (2)(f) “Fully vaccinated persons” means persons for whom at least 2 weeks have passed after receiving the final dose of the FDA-approved or authorized COVID-19 vaccine.

Rule 3. COVID-19 preparedness and response plan for all employers.

  • (1) The employer shall develop and implement a written COVID-19 preparedness and response plan, consistent with the current guidance for COVID-19 from the CDC and the Occupational Health and Safety Administration (OSHA).
  • (2) The preparedness and response plan shall include the employee exposure determination from Rule 3 and shall detail the measures the employer will implement to prevent employee exposure, including any: (a) engineering controls, (b) administrative controls, (c) basic infection prevention measures, (d) personal protective equipment, (e) health surveillance, and (f) training.
  • (3) The employer shall make the preparedness response plan readily available to employees and their representatives, whether via website, internal network, or by hard copy.

Rule 4. Basic infection prevention measures for all employers.

  • (1) The employer shall promote frequent and thorough hand washing, including by providing workers, customers, and worksite visitors with a place to wash their hands. If soap and running water are not immediately available, the employer shall provide antiseptic hand sanitizers or alcohol-based hand towelettes containing at least 60 percent alcohol.
  • (2) The employer shall require workers who are experiencing symptoms of COVID-19 to not report to work or work in an isolated location.
  • (3) The employer shall increase facility cleaning and disinfection to limit exposure to SARS-CoV-2, in accordance with the latest CDC guidance.
  • (4) The employer shall use EPA-approved disinfectants that are expected to be effective against SARS-CoV-2 based on date for harder to kill viruses.

Rule 5. Health surveillance for all employers.

  • (1) Employers shall conduct a daily entry self-screening protocol for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19.

Rule 6. Workplace controls for all employers. This section of the rule outlines a number of measures to be used by employers in the workplace.

  • (2) The employer shall ensure that any employees, except fully vaccinated persons, remain at least 6 feet from one another to the maximum extent feasible while on worksite premises.
  • (3) The employer shall provide non-medical grade face coverings to their employees at no cost to the employee. Employers are not required to provide non-medical grade face coverings to fully vaccinated persons.
  • (4) The employer shall require any employee, except fully vaccinated persons, to wear face coverings when employees cannot consistently maintain 6 feet of separation from other individuals indoors in the workplace.
  • (5) Compliance with subrules (2) and (4) of this rule may be accomplished in a manner deemed effective for the place of employment. This may include: (a) keeping records of whether employees are fully vaccinated persons, and exempting them from subrules (2) and (4) of this rule accordingly; (b) posting signs in the work area reminding employees that are not fully vaccinated to wear face coverings and maintain appropriate distancing; (c) allowing or requiring remote work; and (d) requiring face coverings and social distancing for all employees regardless of vaccination status.

Rule 7. Training requirements for all employers. This section outlines what training requirements employers must provide to for their employees on SARS-CoV-2 and COVID-19. It also outlines what the trainings should cover related to SARS-CoV-2 and COVID-19.

Rule 8. Recordkeeping requirements for all employers.

 

  • (1) Employers must maintain a record of the following requirements: (a) Training, (b) Health screening protocols,The employer shall maintain a record of health screening for each non-vaccinated employee or contractor entering the workplace. (c) If proceeding under Rule (6(5)(a), vaccination information sufficient for implementation, (d) Records of required notifications. The employer shall maintain a record of each notification required by Rule 5 of these rules.
  • (2) Employers must maintain records for 6 months from time of generation.

These rules take effect May 24 and shall remain in effect until Oct. 14, 2021. For the full text of this emergency rule, please visit this link.

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