Given the loosened restrictions on events, gatherings, and businesses outlined in Mich Exec Order No 2020-110 and Mich Exec Order No 2020-115 (effective June 10, 2020, for Regions 6 and 8 and lifting Mich Exec Order No 2020-110’s restrictions on operation of facilities offering non-essential personal care services across the state effective June 15, 2020), many businesses are beginning the process of reopening in some capacity. Under Mich Exec Order No 2020-110, any work that is capable of being performed remotely must be performed remotely, while under Mich Exec Order 2020-115 (which represents a move to Stage 5 (“Containing”) for Regions 6 and 8), any work that is capable of being performed remotely ”should” be performed remotely. Any businesses requiring in-person work must abide by the workplace safeguards outlined in Mich Exec Order No 2020-114, issued June 5, 2020, which include the following:
- Developing a COVID-19 preparedness and response plan consistent with guidance from the Occupational Safety and Health Administration (OSHA).
- Designating on-site work site supervisor(s) to implement, monitor, and report on COVID-19 control.
- Providing specifically delineated COVID-19 training to employees.
- Holding daily self-screening protocols.
- Maintaining social distancing protocols.
- Providing facial coverings, which must be worn if six feet of distance cannot be maintained.
- Increasing facility cleaning and disinfection, adopting of protocols for cleaning and disinfection, and provision of cleaning supplies.
- Implementing certain protocols surrounding employees with confirmed cases of COVID-19.
- Restricting business-related travel to essential travel only.
- Encouraging employees to use personal protective equipment (PPE) and hand sanitizer while using public transit.
- Promoting remote work to the fullest extent possible.
- Adopting additional infection-control measures as reasonable.
In addition, Mich Exec Order No 2020-114 outlines industry-specific requirements for outdoor work, construction, manufacturing, research labs, retail stores, offices, restaurants and bars, outpatient health care facilities, in-home services, personal service providers (barbers, salons, and spas), sports and entertainment facilities, and gyms and fitness centers. Under the order, all employers must keep a record of their provision of COVID-19 training, their daily self-screening protocols, and their actions concerning employees with confirmed cases of COVID-19 (reporting to local health department and informing co-workers or others who may have come in contact with them).
A number of resources are available for businesses and their attorneys as they begin to return to work, including the following:
If you are aware of other return-to-work resources helpful to Michigan attorneys, or need guidance in a particular area not covered here, please let us know so we can plan to get you what you need.