On May 7, 2020, Governor Whitmer issued a new “Stay Home, Stay Safe” order, Mich Exec Order No 2020-77, which takes effect immediately (unless otherwise specified in the order), and remains in effect until May 28, 2020. The order rescinds the previous “Stay Home, Stay Safe” order, Mich Exec Order No 2020-59. The new order generally continues the measures set forth in Mich Exec Order No 2020-59 (including the directives to individual citizens to stay home except to run critical errands, perform safe outdoor activities, or go to certain jobs) but adds several new provisions. Among other things, the new order does the following:
- Describes new exceptions to the suspension of in-person government activities.
- Allows individuals to leave their homes in order to view a real-estate listing by appointment as permitted under the order.
- Allows individuals to participate in certain training, credentialing, or licensing activities pertaining to first responders and health care workers.
- Expands the definition of workers who perform resumed activities to include the following, subject to enumerated social distancing measures:
- workers for moving or storage operations
- workers who perform “work that is traditionally and primarily performed outdoors, including but not limited to forestry workers, outdoor power equipment technicians, parking enforcement workers, and outdoor workers at places of outdoor recreation”
- certain construction workers, including plumbers, electricians, and HVAC technicians
- real estate workers including agents, appraisers, brokers, inspectors, surveyors, and registers of deeds subject to certain provisions
- workers “necessary to the manufacture of goods that support workplace modification to forestall the spread of COVID-19 infections”
- workers necessary to train, credential, and license first responders and health care workers
- workers necessary to perform start-up activities at manufacturing facilities
- effective May 11, 2020, workers necessary to perform manufacturing activities, subject to specific workplace safety protocols described in the order
- workers “at suppliers, distribution centers, or service providers whose in-person presence is necessary to enable, support, or facilitate another business’s or operation’s resumed activities”
- Directs all Michigan businesses to require masks to be worn if six feet of separation cannot be maintained, and to “consider” face shields when workers cannot maintain three feet of separation.
- Outlines numerous requirements for business operations in the construction industry, including designation of a site supervisor, daily screenings, dedicated entry points, and more.
- Outlines additional numerous requirements for business operations of manufacturing facilities, including suspension of nonessential in-person visits, specific COVID-19 training of workers, reducing congestion according to enumerated directives, implementing rotational shift schedules where possible, staggering start times and meal times, installing temporary physical barriers in particular locations, and more.
Those advising clients in the manufacturing and construction sectors should closely review the new provisions of Mich Exec Order No 2020-77 to ensure compliance.