In response to the Michigan Supreme Court striking down Gov. Gretchen Whitmer's COVID-19 executive orders on October 5, the Michigan Occupational Safety and Health Administration (MIOSHA) quickly responded by issuing COVID-19 Emergency Rules on October 14. Many of the requirements in the new rules mirror the governor's prior executive orders.
The emergency rules are in effect until April 2021. The rule may be extended once for no more than six months at the governor' s request. The MIOSHA emergency rule contains requirements that all employers need to meet along with some industry-specific provisions. The rule requires all employers to:
- Conduct job hazard assessments
- Develop and maintain COVID-19 preparedness and response plans.
- Implement basic infection prevention measures, social distancing and face-covering requirements.
- Designate one or more COVID-19 safety coordinator(s) who must always be present when employees are present.
- Report to MIOSHA when the employer learns of an employee, visitor or customer with a known case of COVID-19.
- Provide training for employees on COVID-19: specifically:
- workplace infection-control practices;
- proper use of personal protective equipment;
- steps the employee must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19; and
- how to report unsafe working conditions.
- For manufacturing facilities that includes printing operations, daily entry screening for all employees or contractors entering the workplace must be performed.
- Keep records of screening, employee training, and required notifications.
MIOSHA adopted its emergency rules pursuant to Section 48 of Michigan's Administrative Procedures Act of 1969, which allows an agency to adopt an emergency rule without following notice-and participation procedures if it finds "that preservation of the public health, safety or welfare requires promulgation of an emergency rule."
PRINTING United Alliance has prepared a detailed fact sheet that provides additional information on what needs to be implemented under the new ETS regulation. A set of online resources at Michigan.gov/COVIDWorkplaceSafety provides businesses with the guidelines they and their employees must follow and includes a sample COVID-19 preparedness and response plan and a reopening checklist to help businesses put safeguards in place. Businesses can also find posters for employees and customers, fact sheets and educational videos.
PRINTING United Alliance has developed a comprehensive COVID-19 Preparedness and Response Plan to help facilities navigate development of policies and procedures addressing workplace exposures to COVID-19. This can be used as the basis for most of the requirements in the new MI OSHA temporary standard.