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Jun 2020
05
June 05, 2020

New Executive Order Requires Significant Safeguards for All In-Person Work

On June 5, 2020, Michigan Governor Gretchen Whitmer signed Executive Order 2020-114 (“Order”), rescinding and replacing Executive Order 2020-97, which established workplace safeguards to protect employees from COVID‑19. In addition to restating the previously ordered workplace requirements of Executive Order 2020-91, summarized here, and the amended workplace requirements of Executive Order 2020-97, summarized here, the Order requires employers in the in-home service, personal care, sports and entertainment, and fitness industries to implement specific safeguards to protect their employees from COVID‑19.
 
  • Employers providing in-home services (e.g., house cleaners, repair persons, painters) must: (1) perform daily employee health screenings prior to employees going to a job site; (2) require employees to inquire whether anyone in the household has COVID‑19 or symptoms prior to entering the home; (3) limit the number of employees in the home to the greatest extent possible; and (4) require employees to wear gloves when practical and consistent with CDC guidelines.

  • Hair salon, tattoo parlor, tanning and spa service employers must require employees and customers to wear face coverings at all times. Some employees, however, may also be required to wear goggles and a face shield when performing some services.

  • Employers in the sport and entertainment industries must train employees who interact with patrons to monitor and enforce the facility’s COVID‑19 protocols and help patrons who become symptomatic.

In addition, the Order mandates that all employers now may only allow employees with a confirmed or suspected case of COVID‑19 to return to work once the employee is released from any quarantine or isolation by the local public health department. This requirement is in addition to the employee meeting the latest CDC guidelines deeming them no longer infectious.

The Order also requires that employers notify the local public health department immediately when an employee is identified with a confirmed case of COVID‑19 (rather than within 24 hours, as previously required). Failure to abide by the Order can result in a civil penalty issued by the Michigan Occupational Safety and Health Administration (MiOSHA). The amount of the civil penalty issued by MiOSHA varies depending upon the seriousness and the willfulness of the violation.

Warner’s Labor and Employment Group has been carefully monitoring these developments and requirements and can assist you in creating the appropriate plan for your business. Please contact Kiffi Ford, Dean Pacific or your Warner attorney for assistance.

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