On July 9, 2020, Governor Gretchen Whitmer issued Executive Order 2020-145 regarding safeguards to protect Michigan workers. On July 10, 2020, Governor Whitmer issued Executive Order 2020-147 expanding the mask use requirement for Michigan residents and businesses. These executive orders are the latest in a series of executive orders issued by Governor Whitmer responding to the novel coronavirus (COVID-19).
On June 1, 2020, Governor Whitmer issued Executive Order 2020-110 (Reopen Order), which permitted limited activities under the Michigan Safe Start Plan. On June 5, 2020, Governor Whitmer issued Executive Order 2020-115 (Supplemental Reopen Order). The Supplemental Reopen Order did not rescind the Reopen Order but modified it for Regions 6 and 8 by permitting social gatherings, performances and events, and by opening indoor swimming pools. The Supplemental Reopen Order also allowed non-essential personal care services in all of Michigan. The Reopen Order was further modified by Executive Order 2020-133 that addresses restarting professional sports, and Executive Order 2020-143 which recently closed indoor services at bars in all of Michigan.
WORKPLACE SAFEGUARDS
Workplace safeguards have been part of Governor Whitmer’s Stay Home, Stay Safe Executive Orders and were formalized in a separate order under Executive Order 2020-97. Executive Order 2020-97 was rescinded and replaced by Executive Order 2020-114 (summarized here) which has now been rescinded and replaced by Executive Order 2020-145 (Safeguards Order). The new Safeguards Order creates specific workplace rules governing meat and poultry processing plants and requires all businesses and operations to provide any communication (including posters) and training on COVID-19 in the languages that are common in their employee population. The Safeguards Order also updates the rules on restaurants and bars regarding the limitations of Executive Order 2020-143. The Safeguards Order further mandates that all businesses or operations (not just offices) require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.
NEW MASK ORDER
Requirement: The broader face covering requirement under the Safeguards Order was supplemented by Executive Order 2020-147 (Mask Order) which requires any individual who leaves their home or place of residence to wear a face covering over their nose and mouth:
Exceptions: The requirement to wear a face covering does not apply to individuals who:
Requirements on Businesses: The Mask Order requires that any business open to the public may not provide service to a customer or allow a customer to enter its premises, unless the customer is wearing a face covering as required by the Mask Order. Businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligation to wear a face covering while inside. A violation of this Mask Order by a business may result in the temporary suspension of the business’s license to operate (including but not limited to a liquor license). This requirement is effective at 12:01 a.m. on Monday, July 13, 2020.
SUMMARY OF THE REOPEN ORDERS
Businesses and Activities to Remain Closed
Under the Reopen Order, work that can be performed remotely (without people leaving their home or place of residence) must be performed remotely. In Regions 6 and 8, the Supplemental Reopen Order notes that work that can be performed remotely (without people leaving their home or place of residence) should be performed remotely.
Retailers and non-essential personal care services, including hair, nail, tanning, massage, traditional spa, tattoo, body art and piercing services, and similar personal care services that involve close contact of persons are permitted to open throughout the State of Michigan, subject to compliance with the Safeguards Order
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Under the Reopen Order, except as noted below, the following places are to remain closed to ingress, egress, use and occupancy by members of the public:
The following places are not included in the above restrictions:
Activities Permitted Only in Regions 6 and 8
Restaurants and Bars
Restaurants, food courts, cafes, coffeehouses and like places may be open to the public subject to the capacity constraints and workplace standards described in the Safeguards Order including the provisions limiting capacity to 50% of normal seating and requiring six feet of separation between parties or groups at different tables or bar tops.
However, under Executive Order 2020-143, any food service establishment that serves alcoholic beverages for on-premises consumption must, both indoors and outdoors:
Moreover, under Executive Order 2020-143, any food service establishment that holds an on-premises retailer license to sell alcoholic beverages must close for indoor service if the establishment earns more than 70% of the establishment’s gross receipts from sales of alcoholic beverages. If a bar is closed for indoor service, the bar must prohibit patrons from entering the establishment except to walk through in order to access the outdoor area, to leave the establishment or to use the restroom.
Permitted Social Gatherings
In Regions 1 through 5 and Region 7:
In just Regions 6 and 8, a social gathering or organized event among persons not part of the same household (Event) is permitted, but only to the extent that:
These restrictions do not apply to incidental gatherings of persons in a shared space, including an airport, bus station, factory floor, restaurant, shopping mall, public pool or workplace.
Outdoor Parks and Recreational Facilities
Unless otherwise prohibited by local regulation, outdoor parks and recreational facilities may open, provided that they make any reasonable modifications necessary to enable employees and patrons not part of the same household to maintain six feet of distance from one another, and provided that areas in which social distancing cannot be maintained be closed, subject to guidance issued by the Department of Health and Human Services.
Unless otherwise prohibited by local regulation, public swimming pools can be open if the pool is outdoors. The pool must be limited to 50% of the bather capacity and remains subject to guidance issued by the Department of Health and Human Services.
You can find the executive orders that are currently in effect here, including the Reopen Order, the Supplemental Reopen Order, the Safeguards Order and the Mask Order. Warner has organized a cross-disciplinary legal team to help you navigate through all of these stay-at-home orders. If you have any questions or concerns related to any of the executive orders or any previously issued stay-at-home order, please reach out to your Warner client manager or Michael Brady, Troy Cumings, Amanda Fielder, Matthew Johnson or Linda Paullin-Hebden.
