On May 18, 2020, Governor Whitmer issued a new “Stay Home, Stay Safe” order, Mich Exec Order No 2020-92, 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 2020-77, and moves many of the safety measures for businesses outlined in that order to new Mich Exec Order No 2020-91 (discussed below). The new order generally continues the measures set forth in Mich Exec Order No 2020-77 (including the directives to individual citizens in most areas 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:
- Outlines the eight Michigan Economic Recovery Council (MERC) reporting regions described in Governor Whitmer’s MI Safe Start
- Expressly prohibits all public and private gatherings of any number of people not part of a single household, subject to the order’s enumerated exceptions.
- Requires businesses performing in-person work to follow the social distancing practices and other mitigation measures outlined in Mich Exec Order No 2020-91 and any orders that follow or replace it.
- Allows individuals in MERC regions 6 and 8 to go to a restaurant or retail store or to attend a social gathering of up to 10 people. Region 6 includes Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska, Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan, Presque Isle, and Emmet counties. Region 8 includes Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac, and Chippewa counties.
- Starting May 22, allows workers in MERC regions 6 and 8 to conduct activities necessary to perform retail activities, office work when remote work is not possible, and work in restaurants and bars. The order explicitly notes that it does not abridge a local government’s powers to impose further restrictions on restaurants and bars.
- Allows individuals to temporarily remove a face covering while seated at a restaurant or bar.
Mich Exec Order No 2020-92 frequently references new Mich Exec Order No 2020-91, which outlines the safeguards required to protect Michigan workers. Mich Exec Order No 2020-91 expands on the safeguards initially enumerated in Mich Exec Order No 2020-77 and discussed here. Among other things, the new worker safety order also does the following:
- Outlines very specific requirements for businesses or operations permitted to require employees to leave home, including the development of a COVID-19 preparedness and response plan (made available to employees “by June 1, 2020, or within two weeks of resuming in-person activities, whichever is later”) and specific COVID-19 training, screening protocols, provision of and requirements for face coverings, cleaning protocols, reporting requirements, and more.
- Outlines specific individualized safety protocols for outdoor work, construction work, manufacturing facilities, research laboratories, retail stores open for in-store sales, offices, and restaurants and bars.
- Specifically requires offices to assign dedicated entry points, provide visual spacing indicators, take steps to reduce entry congestion, require face coverings in shared spaces, increase distancing between employee work spaces, turn off water fountains, prohibit social gatherings and meetings that do not allow for social distancing, provide disinfecting supplies and take other outlined cleaning and hygiene measures, suspend all nonessential visitors, and restrict all nonessential travel. Employers must notify employees if they learn that an individual with a confirmed case of COVID-19 has visited the office.