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May 2020
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May 21, 2020

Governor Whitmer Expands the Reopen of Retail and Car Dealerships, and Permits Non-Essential Medical and Dental Procedures and Veterinary Services

On May 21, 2020,Governor Gretchen Whitmer issued new Executive Order 2020-96 (Expanded Reopen Order), which rescinded all prior Stay Home, Stay Safe Executive Orders (collectively, Prior Orders). The Expanded Reopen Order takes effect immediately and continues through May 28, 2020, at 11:59 p.m., though several of the changes do not take effect until 12:01 a.m. on May 26, 2020.   
 
The Expanded Reopen Order permits gatherings of no more than 10 people statewide, effective immediately, permits retailers and motor vehicle dealerships to see customers by appointment beginning on May 26, 2020, and permits health care and veterinary facilities to resume certain postponed medical and dental procedures on May 29, 2020.  
 
Permitted Activities
 
Individuals may now leave their home to: (1) attend social gatherings of no more than 10 people; (2) go to a retail store by appointment as permitted; or (3) after 12:01 a.m. on May 26, 2020, go to a motor vehicle dealership showroom. 
 
Certain Retail and Car Dealership Activities Permitted to Resume
 
Beginning at 12:01 a.m. on May 26, 2020, the following workers may resume work:
 
  • Workers at motor vehicle dealerships, provided that showrooms are open only by appointment.
  • Workers necessary to perform retail activities by appointment, provided that the store is limited to 10 customers at any one time.

Retail activities include the selling of goods and the rendering of services incidental to the sale of the goods, such as packaging and processing, to allow for or facilitate the sale and delivery of the goods. Retail activities exclude those places of public accommodation that are closed under Executive Order 2020-69 which include:
 
  1. Restaurants, food courts, cafes, coffeehouses and other places of public accommodation offering food or beverage for on-premises consumption.
  2. Bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs and other places of public accommodation offering alcoholic beverages for on-premises consumption.
  3. Hookah bars, cigar bars and vaping lounges offering their products for on-premises consumption.
  4. Theaters, cinemas and indoor and outdoor performance venues.
  5. Libraries and museums.
  6. Gymnasiums, fitness centers, recreation centers, indoor sports facilities, indoor exercise facilities, exercise studios and facilities offering non-essential personal care services.
  7. Casinos licensed by the Michigan Gaming Control Board, racetracks licensed by the Michigan Gaming Control Board and Millionaire Parties licensed by the Michigan Gaming Control Board.
  8. Places of public amusement not otherwise listed above.

Non-Esssential Medical and Dental Procedures and Veterinary Services
 
As of May 28, 2020, at 11:59 p.m., the temporary requirements regarding the postponement of non-essential medical and dental procedures and the postponement of veterinary services have been rescinded. Outpatient health care facilities, including veterinary offices, are subject to the workplace safety rules described in Executive Order 2020-97.
 
Outpatient health care facilities, including clinics, primary care physician or dental offices and veterinary clinics that are resuming work must:
 
  • Post signs at entrance(s) instructing patients to wear a face covering when inside.
  • Limit waiting area occupancy to the number of individuals who can be present while staying six feet away from one another. Ask patients, if possible, to wait in cars for their appointment to be called.
  • Mark waiting rooms to enable six feet of social distancing (e.g., by placing X’s on the ground and/or removing seats in the waiting room).
  • Enable contactless sign in (e.g., sign in on phone app) as soon as practicable.
  • Add special hours for highly vulnerable patients, including the elderly and those with chronic conditions.
  • Conduct a common screening protocol for all patients, including a temperature check and questions about COVID-19 symptoms.
  • Place hand sanitizer and face coverings at patient entrance(s).
  • Require employees to make proper use of personal protective equipment in accordance with guidance from the CDC and the U.S. Occupational Health and Safety Administration.
  • Require patients to wear a face covering when in the facility, except as necessary for identification or to facilitate an examination or procedure.
  • Install physical barriers at sign in, temperature screening or other service points that normally require personal interaction (e.g., Plexiglass®, cardboard, tables).
  • Employ telehealth and telemedicine to the greatest extent possible.
  • Limit the number of appointments to maintain social distancing and allow adequate time between appointments for cleaning.
  • Employ specialized procedures for patients with high temperatures or respiratory symptoms (e.g., special entrances, having them wait in their car) to avoid exposing other patients in the waiting room.
  • Deep clean examination rooms after patients with respiratory symptoms and clean rooms between all patient appointments.
  • Establish procedures for building disinfection in accordance with CDC guidance if it is suspected that an employee or patient has COVID-19 or if there is a confirmed case.
 
Revised Worker Protection and Safety Protocols
 
Under the Prior Orders, restaurants were required to obtain a doctor’s written release for an employee to return to work if an employee has a confirmed case of COVID-19. Under Executive Order 2020-97, an employer will allow employees with a confirmed or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the latest guidelines from the CDC. 
 
Warner has organized a cross-disciplinary legal team to help answer questions regarding the stay-at-home orders. If you have any questions or concerns related to the Expanded Reopen Order, or any previously issued stay-at-home orders, please reach out to your Warner client manager or Michael Brady, Troy Cumings, Amanda Fielder, Matthew Johnson or Linda Paullin-Hebden.
 

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