Governor Creates New Workplace
Regulations and Centralized Regulator
This afternoon, Governor Gretchen Whitmer issued Executive Order 2020-91 and Executive Directive 2020-06, which establish new requirements on employers that are permitted to conduct in-person operations and create a new Director of COVID-19 Workplace Safety to coordinate the state’s efforts to monitor and enforce workplace safeguards.
While many of the requirements of the new order mirror those put in place for manufacturers in the order issued on 5/7/20, there are some new requirements for all businesses conducting in-person operations, including requirements to:
- Develop a COVID-19 preparedness and response plan consistent with OSHA guidance and, by 6/1/20 or within two weeks of resuming in-person activities, make that plan readily available to employees, labor unions and customers whether via website, internal network or by hard copy.
- Designate one or more worksite supervisors to implement, monitor and report on COVID-19 control strategies. A designated supervisor must remain on-site at all times when employees are present.
- Notify the local public health department of an employee identified with a confirmed case of COVID-19 within 24 hours, as well as any co-workers, contractors or suppliers who may have come into contact with that person.
- Establish a response plan for dealing with a confirmed infection in the workplace.
- Maintain a record of required employee training, daily entry self-screening and handling of confirmed employee cases of COVID-19.
The new Executive Directive issued today directs all departments and agencies with responsibility for enforcing workplace health and safety standards to enforce the requirements of Executive Order 2020-91 and to coordinate with the new Director of COVID-19 Workplace Safety. These regulators are also directed to publicly post any employer citations for failure to follow the new workplace safety requirements.
In our conversations with the Administration, we understand that workplace safety regulators like MIOSHA will be instructed to first assist employers with compliance with these very precise workplace regulations. However, we have been made aware that regulators will penalize employers to the greatest extent possible for willful and egregious violations. MIOSHA has the ability to issue civil penalties of up to $70,000 per violation depending on the nature and severity of the violation.
New & Notable
Northern Michigan Regions Permitted
to Resume More In-Person Activities
Governor Whitmer today also issued Executive Order 2020-92, which modifies the Stay Home. Stay Safe. order to permit individuals in the Upper Peninsula and 7 counties surrounding Traverse City to have social gatherings of up to 10 people and to go to a restaurant or a retail store provided that specified virus mitigation and safety protocols are in place. This is the first time the Governor has taken a regional approach in the process of gradually resuming in-person work and activities that have been suspended because of COVID-19.
New State and Federal Guidelines for Manufacturing Workplace Safety
The Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) jointly issued interim guidance specific to manufacturing facilities conducting in-person operations. In Michigan, MIOSHA has issued their COVID-19 Manufacturing Industry Guidelines, which brings together state and federal worker safety guidance and requirements for manufacturing facilities. The Agency has also created a new hotline, 855-SAFEC19 (855-723-3219), to answer questions about workplace safety guidelines related to the COVID-19 pandemic.
In Case You Missed It: Workshare Webinar
If your company is struggling with questions about payroll costs and bringing laid off workers back on site, Michigan’s Work Share program could be the answer you’re looking for. Check out the one-hour webinar MMA conducted last week in partnership with the Unemployment Insurance Agency and contact MMA’s Delaney McKinley, at firstname.lastname@example.org or 517-487-8530, for more information.
Resources for Manufacturers
Rehmann is hosting a webinar series to help the manufacturing industry move forward confidently in the new normal.
Cash Flow Management, Loan Forgiveness & Tax Provisions
Host: Rehmann (MMA Premium Associate Member)
Thursday, May 21 • 9:00 a.m. • Register online.
As states begin to lift restrictions put in place during the pandemic, a new normal is emerging — a way of life that brings forth many questions, particularly for manufacturers.
IT Security & Continuity Planning
Host: Rehmann (MMA Premium Associate Member)
Tuesday, May 26 • 9:00 a.m. • Register online.
The response to coronavirus has been unprecedented, for many businesses this “work-from-home” experiment launched them into decidedly unfamiliar territory. Join us to outline the strategies for achieving business continuity and security during the coronavirus outbreak.
Stay updated and compliant with the many changes imposed over the last few weeks. Find state, federal and member resources on MMA’s COVID-19 Resources.
Please continue to reach out to the MMA team with questions.