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A Better Partnership


May 2020
May 18, 2020

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

On May 18, 2020, Michigan Governor Gretchen Whitmer signed Executive Order 2020-91 (“Order”) and Executive Directive 2020-6, which require employers to implement specific safeguards to protect their employees from COVID‑19. Among other requirements, the Order mandates that any and all Michigan businesses with in-person work take the following actions. 
  • Develop a COVID‑19 Preparedness and Response Plan consistent with the Occupational Safety and Health Administration’s Guidance on Preparing Workplaces for COVID‑19 (“Plan”) and make it available to employees, customers and the public by June 1, 2020, or within two weeks of resuming in-person activities, whichever is later. When employees are on-site, a supervisor must be present to implement and monitor the control strategies developed under the Plan.  
  • Provide COVID‑19 training to employees that covers, at a minimum: (1) workplace infection-control practices; (2) proper use of personal protective equipment; (3) steps an employee must take to notify the business of any symptoms or suspected/confirmed diagnosis of COVID‑19; and (4) how to report unsafe working conditions. 
  • Conduct a daily entry that includes self-screening for employees and contractors to identify any symptoms and suspected or confirmed exposure to COVID‑19. 
  • Provide non-medical grade face coverings for all employees and require that they be worn when employees cannot consistently maintain six feet of separation. 
  • Increase facility cleaning and disinfection. 
  • Within 24 hours of becoming aware of an employee who tests positive for COVID‑19, notify the local health department and all employees/contractors who may have come in contact with any employee who tests positive for COVID‑19. 
  • Restrict business travel to essential travel only. 

In addition, the Order lays out individualized and detailed obligations for employers in the following industries: construction, manufacturing, laboratory, retail, office and restaurants/bars. 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 Jonathan Kok, DeAndre’ Harris or your Warner attorney for assistance.

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