On April 24, 2020, Governor Gretchen Whitmer issued new Executive Order 2020-59
Order), which rescinded the prior Stay Home, Stay Safe Executive Orders issued on March 23, 2020, and April 9, 2020, (April 9th
Order). The April 24th
Order takes effect immediately and continues through May 15, 2020, at 11:59 p.m.
The April 24th
Order requires face masks to be worn in enclosed public spaces, allows certain activities to be resumed, permits certain travel and additional businesses to open, and makes several other changes to the April 9th
Any individual able to medically tolerate a face covering must wear a covering over their nose and mouth when in any enclosed public space (however, no individual is subject to penalty for not doing so). N95 masks are to be reserved for health care professionals and first responders.
Under the April 24th
Order, critical infrastructure workers now include workers who perform “resumed activities.” Workers who perform resumed activities are defined as:
- Workers who process or fulfill remote orders for goods for delivery or curbside pickup.
- Bicycle maintenance and repair workers.
- Workers for garden stores, nurseries, landscaping and pest control operations.
- Maintenance workers necessary to maintain safety and sanitation of places of outdoor recreation not otherwise closed.
- Storage or moving operations workers.
The April 24th
Order specifically requires garden store, nursery, landscaping, pest control, maintenance workers and moving and storage workers to adhere to enhanced social distancing rules as described below.
Businesses who remain open for in-person work under items 3 through 5 above, must adhere to the following enhanced social distancing guidelines, in addition to those required under the April 9th
Necessary Travel and Limited Opening
- Businesses must 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.
- Businesses must 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.
Several restrictions implemented under the April 9th
Order have been relaxed. If your business employs workers performing any of the “resumed activities,” you may now sell goods through remote sales via delivery or curbside pickup. These do not have to be limited to necessary supplies. However, such businesses must otherwise remain closed to the public.
Individuals may travel to engage in “recreational” activities (broadened from “physical” activities under the April 9th
Order), which now include boating and golfing. Travel is also permitted to pick up non-necessary supplies at curbside from stores otherwise closed to the public, to seek veterinary services and to have a motor vehicle or bicycle repaired or maintained. Individuals who leave their homes must adhere to social distancing guidelines.
Individuals may now travel between two residences in the state of Michigan and may travel to move to a new residence. Individuals may also travel to attend an addiction recovery mutual aid society meeting, as long as such meeting hosts 10 or fewer people. Individuals are still directed to limit, to the maximum extent safe and feasible, the number of household members who leave home.
Visiting a child in out-of-home care or facilitating such a visit is now permitted, provided that an agreement is in place between the child placing agency, the parent and the caregiver about a safe visitation plan, or where an individual obtains an exception from the executive director of the Children’s Services Agency.
Additional PPE from Businesses
All businesses whose workers perform in-person work must, at a minimum, provide non-medical grade face coverings to their workers. As noted above, N95 masks are to be reserved for health care professionals and first responders.
Goods to be Sold
Stores over 50,000 square feet no longer need to cordon off areas dedicated to carpeting or flooring, furniture, garden centers and paint. Stores that are permitted to remain open may sell goods other than necessary supplies if selling such goods is in the ordinary course of business. All stores must consider establishing curbside pick-up to reduce in-store traffic and mitigate outdoor lines.
Michigan state parks will remain open for day use, subject to specific closures required to prevent the spread of COVID‑19.
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 April 24th
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