MIOSHA Updates Emergency Rules

Posted by donna@healthlawcenterplc.com in May, 2021

Michigan Occupational Safety and Health Administration (MIOSHA) updated its return to work COVID-19 Emergency, effective May 24, 2021 and continuing until October 14, 2021.  While MIOSHA still requires employers to implement written COVID-19 preparedness and response plans,  MIOSHA has eliminated a policy prohibiting in-person work for employees if they can feasibly work remotely.  In other words, an employer can require employees to work in-person even if they can work remotely.

Highlights of MIOSHA’s new emergency rule include:

• Fully vaccinated employees do not need to wear face coverings and social distance provided there is a policy requiring non-vaccinated employees to wear face coverings and social distance.
• MIOSHA no longer provides guidance for specific industries (healthcare, office, construction, etc.)
• Continue to require employers to implement written COVID-19 preparedness and response plans.
• Employers are to require employees with symptoms not report to work.
• For all persons entering the workplace, employers are required to have them complete a questionnaire that addresses symptoms and suspected or confirmed COVID-19 exposures
• Employees are required to promptly report signs and symptoms of COVID-19
• If an employer learns someone coming into the workplace is known to have COVID-19, the employer must, within 24hours, notify others who may have come in contact with the infected person of a possible exposure (not disclose the name of the infected person).
• Require employers to ensure that not fully vaccinated persons remain 6 feet apart while in the workplace.
• Require employers to provide non-medical grade face coverings to non-vaccinated employees.
• The requirement for employers to maintain documentation of trainings and health screenings has changed from 1 year to 6 months.

These are some of the MIOSHA emergency rules that go into effect May 24, 2021 and does not address all updates.  This posting does not constitute legal advice regarding particular fact situations and does not take into account all considerations  involving an employer’s circumstances.

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