UPDATED: Return-to-Work Guidance

By Rebekah Page-Gourley posted 06-02-2020 16:17


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.