State Emergency Orders & Related Regulatory Guidance

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MDHHS Emergency Order, MIOSHA Emergency Rules & Legislation Relating to COVID-19

MIOSHA Emergency Rules

MIOSHA Emergency Rules Fact Sheet

Michigan Occupational Safety and Health Administration (MIOSHA)—Emergency Rules Coronavirus Disease 2019 (COVID-19)

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

Rule 1. Scope and application. These rules apply to employers covered in the Michigan Occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.
Rule 2 (a). Close contact means someone who was within 6 feet of an infected person for at least 15 minutes starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to specimen collection) until the time the person is isolated.
Rule 2 (b). COVID-19 means coronarvirus disease 2019, a severe acute respiratory disease characterized by symptoms including fever, cough, fatigue, and shortness of breath which may progress to pneumonia, multi-organ failure, and death.
Rule 2 (c). Known cases of COVID-19 means persons who have been confirmed through diagnostic testing to have COVID-19.
Rule 2 (d). SARS-CoV-2 means severe acute respiratory syndrome coronavirus 2, the virus which is the causative agent of COVID-19.
Rule 2 (e). Suspected cases of COVID-19 means person who have symptoms of COVID-19 but have not been confirmed through diagnostic testing or persons who have had close contact with a person who has been confirmed through diagnostic testing to have COVID-19.
Rule 3. Exposure determination for all employers.
- (1) The employer shall evaluate routine and reasonably anticipated tasks and procedures to determine whether there is actual or reasonable employee exposure to SARS-CoV-2.
- (2) The employer shall categorize job tasks and procedures into the following risk categories (a) lower exposure risk jobs tasks and procedures; (b) medium exposure risk job tasks and procedures; (c) High exposure risk job tasks and procedures; and (d) Very high risk job tasks and procedures. (Definitions of what job tasks and procedures fall under each of these categories is included in the full order linked below).
Rule 4. 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 US Centers for Disease Control and Prevention (CDC) and recommendations in “Guidance on Preparing Workplaces for COVID-19,” developed by 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 and response plan readily available to employees and their representatives, whether via website, internal network, or by hard copy.
Rule 5. Basic infection prevention measures for all employers. This section of the rule outlines a number of measures to be used by employers in the workplace to ensure that workers are properly protected if they are required to come to their place of work. Measures include frequent hand washing or use of hand sanitizer, not reporting to work if sick, not sharing work tools, increased cleaning and putting in place a policy to encourage remote work to the extent possible. The full list of these measures is available in the full text of the order linked below.
Rule 6. Health surveillance for all employers. This section of the rule provides health screening measures that should be utilized. These measures include (1) conducting daily self-screening for employees entering the workplace; (2) direct employees to report signs and symptoms of COVID-19; (3) physically isolate employees who are known or suspected to have COVID-19; (4) if employer learns of a known case in the workplace they must (a) immediately notify the local public health department; and within 24 hours notify anyone in the workplace who may have come in contact with the COVID positive person; and (5) only allow employees with a known or suspected case of COVID-19 to return to the workplace after they are no longer infectious (CDC guidelines) and are released from a quarantine or isolation order by the local public health department.
Rule 7. Workplace controls for all employers. This section of the rule outlines a number of measures to be used by employers in the workplace. These measures include providing face coverings for employees, designate a COVID-19 safety coordinator, require 6 feet of distance between employees (to the maximum extent possible), and require face coverings be worn by employees where six feet cannot be consistently maintained and in all shared spaces. The full list of measures is included in the full text of the order linked below.
Rule 8. Personal protective equipment requirements for all employees.
- (1) The employer shall provide employees with the types of personal protective equipment, including respirators if necessary, for protection from SARS-CoV-2 appropriate to the exposure risk associated with the job. The employer must follow CDC and OSHA guidance for personal protective equipment.
- (2) The employer shall ensure that the personal protective equipment is property fitted and worn; used consistently; regularly inspected, maintained, and replaced, as necessary; and properly removed, cleaned, and stored or disposed of to avoid contamination of self, others, or the work environment.
- (3) In establishments that provide medical treatment or housing to known or suspected cases of COVID-19, the employer shall ensure that employees in frequent or prolonged close contact with such cases are provided with and wear, at a minimum, an N95 respirator, goggles or face shield, and a gown.
Rule 9. Industry-specific requirements. An employer of a business, operation, or facility in the industry sectors named below shall comply with the following requirements specific for its business, operation, or facility.(3) Retail, libraries and museums. Retail stores that are open for in-store sales, as well as libraries and museums, must:
- (a) Create communication materials for customers to inform them of changes to store practices and to explain the precautions the store is taking in prevent infection.
- (b) Require patrons to wear a face covering (unless an exception applies).
- (c) Post sings at store entrances instructing customers to wear a face covering when inside the store.
- (d) Post signs at store entrances informing customers not to enter if they are or have recently been sick.
- (e) Design spaces and store activities in a manner that encourages employees and customers to maintain 6 feet of distance from one another.
- (f) Install physical barriers at checkout or other service points that require close interaction, including plexiglass barriers, tape markers, or tables.
- (g) Establish an enhanced cleaning and sanitizing protocols for high-touch areas like restrooms, cred-card machines, keypads, counters, shopping carts, and other surfaces.
Rule 10. Training requirements for all employers.
- (1) & (2) The employer shall provide training and communication to employees on SARS-CoV-2 and COVID-19 and provide it in the primary languages common in their employee population.
- (3) The training shall cover (a) workplace infection-control practices; (b) the proper use of personal protective equipment; (c) steps the employee must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19; and (d) how to report unsafe working conditions.
- (4) The employer shall provide updated training if it changes its preparedness and response plan or new information becomes available about the transmission of SARS-CoV-2 or diagnosis of COVID-19.
Rule 11. Recordkeeping requirements for all employers.
- (1) Employers must maintain a record of the following requirements: (a) training, (b) screening protocols (for employees and visitors), and (c) records of required notifications.
- (2) Employers must maintain records for 1 year from time of generation.

These rules take effect upon filing with secretary of state and shall remain in effect for 6 months. For the full text of these Emergency Rules, please visit this link.

DHHS Emergency Orders

Michigan Department of Health and Human Services (DHHS) Emergency Order Under MCL 333.2253 — Gathering Prohibition and Face Covering Order

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. Below are some of the highlights of this order:

Paragraph 1 (b): “Close contact” means being within six feet of an individual for 15 minutes or longer.
Paragraph 1 (c): “Face covering” means a covering that covers at least the nose and mouth.
Paragraph 1 (f): “Gathering” means any occurrence where two or more people from more than one household are present in a shared space.
Paragraph 1 (i): “Symptoms of COVID-19” means fever, an uncontrolled cough, new onset of shortness of breath, or at least two of the following not explained by a known medical or physical condition: loss of taste or smell, sore throat, severe headache, diarrhea, vomiting or abdominal pain.
Paragraph 2 (b): This paragraph indicates that in-person board meetings should be able to resume in person should the credit union and the board desire to resume in-person meetings. The meetings must adhere to the below guidance. Gatherings are permitted only as follows:
- (1): Indoor gatherings at a residence of 10 people are permitted. The wearing of face coverings is strongly recommended at these types of gatherings.
- (2): Indoor gatherings at non-residential location of up to 10 people are permitted. Each person at the gathering should be wearing a face covering except as provided in section 6 of this order.
- (3): Indoor gatherings at a non-residential venue of 10 to 500 people are permitted to the extent that (A) the venue has fixed seating and limits the attendance of persons to 20% of seating capacity in the venue (unless the venue is in Region 6 then that percentage is 25% of seating capacity), (B) venues that do not have fixed seating must limit their attendance to 20 people per 1,000 square feet in each occupied room (unless the venue is in Region 6 then that number is 25 people per 1,000 square feet) and (C) the venue must require face coverings be in use at the gatherings.
Paragraph 2 (d): Organizers and venues hosting gatherings permitted under subsection (b) of this section must ensure that persons not part of the same household maintain six feet of distance from one another, including by designing the gathering to encourage and maintain social distancing.
Paragraph 3 (a): Capacity restrictions. In addition to the attendance limitations imposed by section 2 of this order, the following gathering restriction applies: (a) Except in Region 6, a gathering at a retail store (business) must not exceed 50% of total occupancy limit established by the State Fire marshal or local fire marshal.
Paragraph 4. Protection of workers.
- (a): gatherings of employees in the workplace are prohibited under any of the following circumstances:
  - (1): Except in Region 6, if not strictly necessary to preform job duties, provided however that, where gatherings are necessary, employees must still maintain six feet of distance from one another were practicable;
  - (2): If employees not otherwise required to wear face coverings cannot maintain six feet of distance from others;
  - (3): If employees not otherwise required to wear face coverings occupy the same indoor shared space, such as conference rooms, restrooms and hallways.
- (b): Employees who are subject to a recommendation to isolate or quarantine consistent with CDC guidance; have been instructed to remain home by a health or public health professional; or who are awaiting a COVID-19 test or the results of a COVID-19 test after having symptoms of COVID-19, must not be present in a gathering at work until the employee is advised by a health or public health professional that they may return to work, or the following conditions are met:
  - (1): 24 hours have passed since the resolution of fever without the use of fever-reducing medication; and
  - (2): 10 days have passed since their first symptoms first appeared or since they were administered a COVID-19 test that yielded the positive result, if applicable; and
  - (3): Other symptoms have improved.
- (c): Employers must not require workers to gather with other people at work in violation of this order.
- (d): All businesses or operations that require their employees to gather with other persons for work must conduct daily entry self-screening protocol for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms of COVID-19 and suspected or confirmed exposure to people with possible COVID-19.
Paragraph 5. Face Coverings.
- (a): A person responsible for a business, government office, school or other operation, or an agent of such person, must not allow indoor gatherings of any kind unless they require individuals in such gatherings (including employees) to wear a face covering, subject to the exceptions in section 6 of this order.
- (b): A person responsible for business, government office, school, or other operation, or an agent of such person, may not assume that someone who enters the operation without a face covering falls in one of the exceptions specified in section 6 of this order, including the exception for individuals who cannot medically tolerate a face covering. An individual’s verbal representation that they are not wearing a face covering because they fall within a specified exception, however, may be accepted.
- (d): A person responsible for establishments open to the public, or an agent of such person must: (1) post signs at entrances instructing customers of their legal obligation to wear a face covering when inside the store; and (2) post signs at entrances informing customers not to enter if they are or have recently been sick.
Paragraph 6. Exceptions to Face Covering Requirements.
- (a): Except as otherwise provided in section 5 of this order, children younger than r years old (and per guidance from the CDC, children under the age of two should not wear a face covering;
- (b): Cannot medically tolerate a face covering;
- (g): Are entering a business or are receiving a service and are asked to temporarily remove a face covering for identification purposes.
Paragraph 10. Implementation.
- (b): Under MCL 333.2235(1), local health departments 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, 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 with their jurisdiction.
- (e): Consistent with MCL 333.2261, violation of this order is a misdemeanor punishable by imprisonment for not more than six months, or a fine of not more than $200.00, or both.
- (f): The Oct. 5, 2020 ordered entitled Gathering Prohibition and Mask Order is rescinded. Nothing in this order shall be construed to affect any prosecution 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 penalties under MCL 333.2262(1) and applicable to this order, violations of this order are punishable by a civil fine of up to $1,000 for each violation or day that a violation continues.