State Emergency Orders & Related Regulatory Guidance

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Michigan Safe Start Plan	MI Safe Start Map
A Plan to re-engage Michigan's Economy	Track the risk phases of COVID-19 indicators

MI COVID Recovery Plan	MI COVID-19 Vaccine Information
The Governor's plan includes a strong focus on vaccine distribution, economic recovery, schools and more.	Resources and FAQ's regarding the COVID vaccine

New Grant Programs to Assist Employees and Businesses During the Pandemic

EMPLOYEE ASSISTANCE GRANTS

What: The State of Michigan has allocated $45 million to provide support to employees impacted by the COVID-19 pandemic.
Grant Amount: Eligible recipients meeting all criteria and providing a complete and accurate application will be awarded assistance up to $1,650. The award is taxable, but it will NOT count against your unemployment as income.
Eligible Industries (employees working in the following industries qualify): Restaurants, hotels, motels, bed & breakfast, resorts, bars, food trucks, bowling alleys, theaters, nightclubs, golf courses, banquet halls, caterers, casinos, cafeterias, and other impacted industries.
Applications: Applications opened on January 15, 2021 at 9:00 am and will be available until January 25, 2021 at 5:00 pm. Click here to learn more and apply.

MICHIGAN SMALL BUSINESS SURVIVAL GRANT PROGRAM

What: $55 million in survival grants for Michigan small businesses disproportionately impacted by the COVID-19 virus.
Grant Amount: Awarded grant amounts will be at the discretion of each EDO administering the grants. Grants may be awarded up to $20,000 for eligible businesses that have been temporarily closed and up to $15,000 for an eligible business that has been partially closed, or otherwise is open.
Eligible Expenses: Grant funds may be used by the business for eligible expenses including working capital to support payroll expenses, rent, mortgage payments, utility expenses, and other expenses related to reopening a business incurred between November 18, 2020 and April 30, 2021.
Application: Opens Tuesday, January 19, 2021 at 9:00 am EST and will close on Friday, January 22 at 12:00 pm (noon) EST. Click here to learn more and apply.

MICHIGAN STAGES SURVIVAL GRANT PROGRAM

What: The State of Michigan has allocated $3.5 million to create the Michigan Stages Survival Grant Program to provide grants to entertainment venues affected by the COVID-19 pandemic.
Grant Amount: The maximum grant request is $40,000. There is no match requirement. The Michigan Independent Venue and promoter Association (MIVPA) will have the discretion to recommend final grant award for applications.
Eligible Expenses: Awarded grant funds are to be used for working capital to support payroll expenses, rent, mortgage payments, utility expenses, or costs related to reopening a business.
Applications: Grant applications will open on Thursday, January 21, 2021 at 9:00 am EST and close on Thursday, January 28 at 12:00 pm (noon). Click here to learn more and apply.

MI COVID Recovery Plan

Gov. Whitmer Signs Bi-Partisan COVID Relief Legislation - SB 748 and SB 604

On Dec. 29, Gov. Whitmer signed bipartisan legislation pertaining to COVID relief (SB 749 and SB 604).

SB 748 provided $106 million in funds to help those struggling as a result of COVID-19. The relief legislation includes $55 million in funding to help small businesses impacted by COVID-19. It provides small businesses the opportunity to take advantage of grants of up to $20,000 to help them continue to survive this winter. The legislation also provides $3.5 million in funding to provide grants of up to $40,000 to struggling live music and entertainment venues. It also includes $45 million in direct payments to workers who have been laid off or furloughed as a result of COVID-19.

SB 604 extends much needed unemployment benefits for Michigan workers who have lost their jobs as a result of COVID-19. The benefits under this legislation will be extended from 20 weeks to 26 weeks expiring at the end of March 2021.

The Governor did line item veto $220 million that was included in the legislation of general fund dollars, which would have been transferred to the Unemployment Insurance Trust Fund. This fund is designed to pool together funding to help businesses fund benefits for laid-off workers. The Governor stated that she vetoed this piece because she believes that those general fund dollars should be spent on vaccines, PPE and other essential services.

The full text of these two bills as presented to the Governor can be found here (SB 748) (SB 604).

DIFS - Department of Insurance and Financial Services

Bulletin 2020-42-INS/BT/CF/CU
MDHHS Emergency Order, MIOSHA Emergency Rules & Legislation Relating to COVID-19
Bulletin 2021-01-BT/CU
Protection of Stimulus Funds and Employee Assistance Payments

MIOSHA Emergency Rules

MIOSHA Emergency Rules Fact Sheet

MIOSHA Emergency Rules FAQ

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

Keeping A Safe Workplace: Guidance For Employers

MDHSS Gatherings and Face Mask Order — Emergency Order under MCL 333.2253 (Effective: January 16 – January 31, 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 January 13, 2021—February 1, 2021 at 11:59 p.m. Below are some of the highlights of this order:

Paragraph 1 (b): “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 (e): “Face mask” means a tightly woven cloth or other multi-layer absorbent material that closely covers an individual’s mouth and nose.
Paragraph 1 (g): “Gathering” means any occurrence, either indoor or outdoor, where two or more persons from more than one household are present in a shared space.
Paragraph 1 (j): “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 or partially enclosed on two non-contiguous sides, any part of that space is more than 8 feet from an open side in indoors.
Paragraph 1 (p): “Principle 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(h) of 2020 PA 238, 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 should not be taking place at this time. Indoor gatherings are prohibited at non-residential venues.
Paragraph 2 (b): Outdoor gatherings are permitted at non-residential venues: (a) 25 or fewer persons are gathered at a venue without fixed seating, and attendance is limited to 20 persons per 1,000 square feet with proper distancing or (b) 25 or fewer persons are gathered at a venue with fixed seating and attendance is limited to 20% of seating capacity of the venue.
Paragraph 2 (c): The limitations to the size of gathering in sections 2(a) and 2(b) do not apply to:
- (1): Incidental, temporary gatherings of persons in a shared space, such as a workplace.
- (2): Gatherings between an employee and a customer for purposes of receiving services.
- (3): Workplace gatherings that occur consistent with the Emergency Rules issued by MIOSHA on October 14, 2020.

Paragraph 2 (d): As a condition of hosting a gathering under this order, organizers and venues must design the gathering to encourage and maintain physical distancing and must ensure that persons not part of the same household maintain 6 feet of distance from one another to the extent possible.
Paragraph 4 (a): Gathering restrictions for facilities. In addition to the gathering limitations set forth elsewhere in this order, the following limitations apply to gatherings in the following facilities: (a) A gathering at a retail store, library, or museum must not exceed 30% of total occupancy limits established by the State Fire Marshal or a local fire marshal. Nevertheless, a retail store may permit one customer at a time to enter if strict adherence to the 30% total occupancy limit would otherwise result in closure.
- (1): Retail stores must establish lines to regulate entry and checkout, with markings for patrons to enable them to stand at least six feet apart from one another while waiting.
Paragraph 7. Face Mask Requirement at Gatherings.
- (a): All persons participating in gatherings are required to wear a face mask.
- (c): Except as provided elsewhere in this order, a person responsible for a business, store, office, government office, school, organized event, or other operation, or an agent of such person, must prohibit gatherings of any kind unless the person requires individuals in such gatherings (including employees) to wear a face mask, and denies entry or service to all persons refusing to wear face masks while gathered.
- (d): A person responsible for a business, store, office, government office, school, organized event, or other operation, or an agent of such person, may not assume that someone who enters the facility without a face mask falls within one of the exceptions specified in section 8 of this order, including the exception for individuals who cannot medically tolerate a face mask. An individual’s verbal representations that they are not wearing a face mask because they fall within a specified exception, however, may be accepted.
Paragraph 8. Exceptions to Face Mask Requirements. Although a face mask is strongly encouraged even for individual not required to wear one (except for children under the age of 2), the requirement to wear a face mask in this order does not apply to individuals who:
- (a): Are younger than 5 years old, outside of child-care organization setting (which are subject to requirements set out in section 7(e));
- (b): Cannot medically tolerate a face mask;
- (g): Are asked to temporarily remove a face mask for identification purposes.

Paragraph 9. Contract Tracing Requirements for Particular Gatherings.
- (c): Upon request, businesses, schools, and other facilities 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.
- (d): 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 not be provided to law enforcement or immigration officials except upon receipt of a lawful subpoena from a court or other lawful court order; (4) must be retained for 28 days by the collecting organization, after which time the date 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 10. 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 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, 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, violations 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.
- (h): 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 also punishable by a civil fine of up to $1,000 for each violation or day that a violation continues.
- (j): It is not a violation of this order for a person to enter a facility otherwise closed for gatherings if they are entering solely for the purpose of using restroom facilities.

This order takes effect on January 16, 2021 at 12:01 a.m. at which time the December 18, 2020, order entitled Gatherings and Face Mask Order is rescinded. This order remains in effect through January 31, 2021 at 11:59 PM. For the full text of this order, please visit this link.

January 13 Epidemic Order Infographic

January 13 Epidemic Order Capacity Limits Fact Sheet

January 13 Epidemic Order FAQ

MDHSS Gatherings and Face Mask Order — Emergency Order under MCL 333.2253 (Effective: December 21, 2020 - January 15, 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 December 21, 2020—January 15, 2021 at 11:59 p.m. Below are some of the highlights of this order:

Paragraph 1 (b): “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 (e): “Face mask” means a tightly woven cloth or other multi-layer absorbent material that closely covers an individual’s mouth and nose.
Paragraph 1 (g): “Gathering” means any occurrence, either indoor or outdoor, where two or more persons from more than one household are present in a shared space.
Paragraph 1 (i): “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 or 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): “Principle 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(h) of 2020 PA 238, 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 should not be taking place at this time. Indoor gatherings are prohibited at non-residential venues.
Paragraph 2 (b): Outdoor gatherings are permitted at non-residential venues: (a) 25 or fewer persons are gathered at a venue without fixed seating, and attendance is limited to 20 persons per 1,000 square feet with proper distancing or (b) 25 or fewer persons are gathered at a venue with fixed seating and attendance is limited to 20% of seating capacity of the venue.
Paragraph 2 (c): The limitations to the size of gathering in sections 2(a) and 2(b) do not apply to:
- (1): Incidental, temporary gatherings of persons in a shared space, such as a workplace.
- (2): Gatherings between an employee and a customer for purposes of receiving services.
- (3): Workplace gatherings that occur consistent with the Emergency Rules issued by MIOSHA on October 14, 2020.

Paragraph 2 (d): As a condition of hosting a gathering under this order, organizers and venues must design the gathering to encourage and maintain physical distancing, and must ensure that persons not part of the same household maintain 6 feet of distance from one another to the extent possible.
Paragraph 4 (a): Gathering restrictions for facilities. In addition to the gathering limitations set forth elsewhere in this order, the following limitations apply to gatherings in the following facilities: (a) A gathering at a retail store, library, or museum must not exceed 30% of total occupancy limits established by the State Fire Marshal or a local fire marshal. Nevertheless, a retail store may permit one customer at a time to enter if strict adherence to the 30% total occupancy limit would otherwise result in closure.
- (1): Retail stores must establish lines to regulate entry and checkout, with markings for patrons to enable them to stand at least six feet apart from one another while waiting.
Paragraph 7. Face Mask Requirement at Gatherings.
- (a): All persons participating in gatherings are required to wear a face mask.
- (c): Except as provided elsewhere in this order, a person responsible for a business, store, office, government office, school, organized event, or other operation, or an agent of such person, must prohibit gatherings of any kind unless the person requires individuals in such gatherings (including employees) to wear a face mask, and denies entry or service to all persons refusing to wear face masks while gathered.
- (d): A person responsible for a business, store, office, government office, school, organized event, or other operation, or an agent of such person, may not assume that someone who enters the facility without a face mask falls within one of the exceptions specified in section 8 of this order, including the exception for individuals who cannot medically tolerate a face mask. An individual’s verbal representations that they are not wearing a face mask because they fall within a specified exception, however, may be accepted.
Paragraph 8. Exceptions to Face Mask Requirements. Although a face mask is strongly encouraged even for individual not required to wear one (except for children under the age of 2), the requirement to wear a face mask in this order does not apply to individuals who:
- (a): Are younger than 5 years old;
- (b): Cannot medically tolerate a face mask;
- (g): Are asked to temporarily remove a face mask for identification purposes.

Paragraph 9. Contract Tracing Requirements for Particular Gatherings.
- (c): Upon request, businesses, schools, and other facilities 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.
- (d): 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 not be provided to law enforcement or immigration officials except upon receipt of a lawful subpoena from a court or other lawful court order; (4) must be retained for 28 days by the collecting organization, after which time the date 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 10. 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 departments are authorized to carry out and enforce the terms of this order.
- (e): Consistent with MCL 333.2261, violations 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.
- (h): 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 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 December 21, 2020 at 12:01 a.m. at which time the December 7, 2020, order entitled Gatherings and Face Mask Order is rescinded. This order remains in effect through January 15, 2021 at 11:59 PM. For the full text of this order, please visit this link.