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May 2021
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May 25, 2021

Updated MIOSHA Rules Eliminate Masks for Fully-Vaccinated Employees

On May 24, 2021, the Michigan Occupational Safety and Health Administration (MIOSHA) issued updated Emergency Rules (“Rules”), which take effect immediately. A copy of the Rules are available here. The updated Rules contain a number of changes to the prior rules. Most noteworthy, the updated Rules revised workplace controls for employers, specifically related to social distancing and wearing of masks for individuals who are fully vaccinated. Under rule 6, numbers (2) and (4) provide as follows: 

(2) The employer shall ensure that any employees, except fully vaccinated persons, remain at least 6 feet from one another to the maximum extent feasible while on worksite premises.
 
(4) The employer shall require an employee, except fully vaccinated persons, to wear face coverings when employees cannot consistently maintain 6 feet of separation from other individuals indoors in the workplace. However, fully vaccinated persons must continue to wear face coverings when in the healthcare setting where patients may be present and when using airplane or public transportation if required by the latest CDC guidance.

According to the Rules, “fully vaccinated persons” means persons who have received vaccinations and for whom at least two weeks have passed after receiving the final dose of an FDA-approved or authorized COVID-19 vaccine.
 
Significantly, the updated Rules also remove the requirement that employers prohibit in-person work for individuals whose job duties can feasibly be completed remotely, eliminate the requirement for temperature checks and no longer require notification of the local public health department of known COVID-19 cases in the workplace.
 
If you have questions about the revised Emergency Rules or any other issue involving workplace compliance and COVID-19, please contact any member of Warner’s Labor and Employment Practice Group.
 
Click here for this week's Warner Employment News From the Law Shanty video.

 

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