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May 2020
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May 03, 2020

Governor Whitmer Issues New Revised Stay Home, Stay Safe Executive Order

On May 1, 2020, Governor Gretchen Whitmer issued new Executive Order 2020-70 (May 1st Order), which rescinded the prior Stay Home, Stay Safe Executive Orders issued on April 24, 2020, March 23, 2020, and April 9, 2020 (collectively, Prior Orders). The May 1st Order takes effect immediately and continues through May 15, 2020, at 11:59 p.m., though many of the changes do not take effect until 12:01 a.m. on May 7, 2020.

While the May 1st Order permits certain sectors, such as construction, real estate activities and work that is traditionally and primarily performed outdoors to resume, such activities are subject to stringent precautionary measures.  

Additional Resumed Activities on May 7, 2020

The May 1st Order now includes as workers who may perform resumed activities effective at 12:01 a.m. on May 7, 2020, as: 
 
  1. Workers necessary to the manufacture of goods that support workplace modification to forestall the spread of COVID‑19 infections. 
     
  2. Workers who perform work that is traditionally and primarily performed outdoors, including forestry workers, outdoor power equipment technicians, parking enforcement workers and similar workers. Note that these workers are subject to the enhanced social-distancing rules already included in the Prior Orders. 
     
  3. Workers in the construction industry, including workers in the building trades (plumbers, electricians, HVAC technicians and similar workers). 
     
  4. Workers in the real estate industry, including agents, appraisers, brokers, inspectors, surveyors and registers of deeds, provided that: 
     
    1. Any showings, inspections, appraisals, photography or videography, or final walk-throughs must be performed by appointment and must be limited to no more than four people on the premises at any one time. No in-person open houses are permitted.
    2. Private showings may only be arranged for owner-occupied homes, vacant homes, vacant land, commercial property and industrial property.

In addition, people are permitted to leave their place of residence to travel to view a real estate listing by appointment.

Additional Requirements for the Construction Industry

Businesses in the construction industry must also: 
 
  • Adhere to the following enhanced social distancing guidelines, in addition to those other requirements under the prior Executive Orders: 
     
    • Ban gatherings of any size in which people cannot maintain six feet of distance from one another.
    • In-person customer interaction must be limited to the maximum extent possible, and interactions where people cannot maintain six feet of distance are barred.
    • Provide personal protective equipment such as gloves, goggles, face shields and face masks as appropriate for the activity being performed.
    • Protocols must be implemented to minimize the sharing of tools and equipment and for thorough cleaning of frequently touched surfaces, including tools and equipment. 
       
  • Designate a site-specific supervisor to monitor and oversee the implementation of COVID‑19 control strategies under the COVID‑19 preparedness and response plan required under the May 1st Order. The supervisor must remain on-site at all times during activities. An on-site worker may be designated to perform the supervisory role.
  • Conduct a daily entry screening protocol for workers and visitors entering the worksite, including a questionnaire covering symptoms and exposure to people with possible COVID‑19, together with, if possible, a temperature screening.
  • Create dedicated entry point(s) at every worksite, if possible, for the daily screenings, or in the alternative issue stickers or other indicators to workers to show that they received a screening before entering the worksite that day.
  • Require face shields or masks to be worn when workers cannot consistently maintain six feet of separation from other workers.
  • Provide instructions for the distribution of personal protective equipment and designate on-site locations for soiled masks.
  • Encourage or require the use of work gloves, as appropriate, to prevent skin contact with contaminated surfaces.
  • Identify choke points and high-risk areas where workers must stand near one another (such as hallways, hoists and elevators, break areas, water stations and buses) and control their access and use (including through physical barriers) so that social distancing is maintained.
  • Ensure there are sufficient hand-washing or hand-sanitizing stations at the worksite to enable easy access by workers.
  • Notify contractors (if a subcontractor) or owners (if a contractor) of any confirmed COVID‑19 cases among workers at the worksite.
  • Restrict unnecessary movement between project sites.
  • Create protocols for minimizing personal contact upon delivery of materials to the worksite.

Additional Requirements for Garden Stores and Nurseries; Lawn Care, Pest Control and Landscaping Operations

Under the May 1st Order, any garden stores, nurseries, lawn care, pest control and landscaping business are now also subject to requirements of Section 12 of the May 1st Order which requires that any store that remains open for in-person sales must: 
 
  • Establish lines to regulate entry and make markings enabling patrons to stand at least six feet apart from one another while waiting. 
  • Explore alternatives to lines, including allowing customers to wait in their cars for a text message or phone call to enable social distancing and to accommodate seniors and those with disabilities. 
  • Consider establishing curbside pick-up to reduce in-store traffic and mitigate outdoor lines. 

Stores that are less than 50,000 square feet of customer floor space must limit the number of people in the store (including employees) to 25% of the total occupancy limits established by the state fire marshal or a local fire marshal. Stores with more than 50,000 square feet must: 
 
  • Limit the number of customers in the store at one time (excluding employees) to four people per 1,000 square feet of customer floor space. The amount of customer floor space must be calculated to exclude store areas that are closed. 
  • Create at least two hours per week of dedicated shopping time for vulnerable populations, which for purposes of this order are people over 60, pregnant women and those with chronic conditions like heart disease, diabetes and lung disease. 

We have 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 May 1st Order, or any previously issued stay-at-home order, please reach out to your Warner client manager or Michael Brady, Troy Cumings, Amanda Fielder or Matthew Johnson

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