Governor Extends “Stay Home. Stay Safe.” Order to April 30

Today, Governor Gretchen Whitmer issued Executive Order 2020-42, which extends the order to temporarily suspend activities that are not necessary to sustain or protect life through April 30.

As with prior orders which are now rescinded and replaced with Executive Order 2020-42, businesses are prohibited from requiring workers to leave their home except to the extent that those workers are necessary to sustain or protect life or to conduct minimum basic operations. Critical infrastructure workers, as described by the US Cybersecurity and Infrastructure Security Agency (CISA) guidance (the guidance issued 3/19/20, not any subsequent guidance) are considered necessary to sustain or protect life. 

Businesses that continue in-person work as permitted under the specific exceptions of the order must adhere to sound social distancing and virus mitigation measures, including:

  • Developing a COVID-19 Preparedness and Response Plan, consistent with OSHA recommendations
  • Restricting the number of workers on premises
  • Increasing standards of facility cleaning and disinfection
  • Adopting policies to screen employees who are entering the premises 

A departure from previous orders, Executive Order 2020-42 permits automobile dealerships to conduct remote sales and leases but requires that showrooms remain closed.

MMA will continue to advocate aggressively at the state and federal level for all of our members during this difficult time. Contact the MMA team with you questions, comments and concerns.

New & Notable

OSHA Issues Guidance on Annual
Respirator Fit Test Regulations

On 4/8/20, the OSHA issued guidance for all workplaces where there is a required use of respirators. State and federal regulators, including MIOSHA, will have enforcement discretion concerning the annual fit-testing requirements as long as an employer has made good-faith efforts to comply with the requirements of the Respiratory Protection standard. The Guidance also addresses supply shortages of N95s or other filtering facepiece respirators (FFRs) due to the COVID-19 pandemic. Employers are directed to assess their engineering controls, work practices, and administrative controls on an ongoing basis to identify any changes they can make to decrease the need for N95s or other FFRs.

Earlier, OSHA issued guidance allowing for flexibility in the Respiratory Protection standard during the current pandemic and relates supply shortages of respirators.

WARN Act Compliance in COVID-19 Pandemic

Employers may have notice obligations under the federal Worker Adjustment and Retraining Notification (WARN) Act for shutdowns and layoffs related to COVID-19.

The US Department of Labor is expected to issue guidance on the matter, but in the meantime, members should refer to these helpful resources:

Resources for Manufacturers

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.