On June 17, 2021, Michigan Governor Whitmer announced that the Michigan Department of Health and Human Services would rescind many of the emergency orders as of June 22, 2021. The earlier than expected termination of the Coronavirus emergency orders have the effect of rescinding the broad June 1 Gathering and Face Mask orders, which limited indoor capacity to 50% and required unvaccinated individuals to wear masks indoors, among other things.
The Rescinded Orders include:
The Rescission did not address the Michigan Occupational Safety and Health Administration (MIOSHA) emergency rules which were last updated on May 24, 2021, and set to remain in effect to October 14, 2021. The MIOSHA rules still in effect were discussed a few weeks ago, here. Under these rules, Employers:
The Rule also:
As of this writing, it is not clear whether MIOSHA will also terminate its emergency rules for employers, where there appears to be a contradiction in the face mask requirement for unvaccinated individuals, among other requirements. Nonetheless, Employers should take a wait and see approach in ceasing compliance with the MIOSHA requirements.
The most likely result will be that MIOSHA adopts the federal rules by reference, except for health care employers, while all other employers will be required to follow the federal rules. We will likely see the MIOSHA rules updated prior to June 22, 2021.
*** UPDATE June 23, 2021 ***
As expected, on June 22, 2021, MIOSHA updated its emergency rules to align with the Federal OSHA’s Emergency Temporary Standard. The new rules are effective through December 22, 2021 and rescind the emergency rules issued on May 24, 2021. The new rules focus on the health care industry where known or suspected COVID-19 patients may be present.
Employers in non-health care settings are to follow the CDC and OSHA recommendations, as well as use their best judgment in whether they should continue to require daily health screenings, face covering requirements, and social distancing.
If your company has questions on how to navigate the return to the workplace, please do not hesitate to contact me at firstname.lastname@example.org.
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