May 24, 2021
Today Governor Whitmer announced updates to the Michigan Occupational Safety and Health Administration’s (MIOSHA) COVID-19 emergency rules. MIOSHA filed the updated emergency rules on Friday, May 21 with the Michigan Office of Administrative Hearings and Rules and anticipates these changes will take effect Monday, May 24. While the updated emergency rules will expire on Thursday, October 14, MIOSHA has the flexibility it needs to ensure consistency with public health guidelines and can rescind all or parts of the rules.
MIOSHA has updated other aspects of the emergency rules to reflect the recent order from MDHHS and guidance from the CDC. Those changes include:
Employers may allow fully vaccinated employees to not wear face coverings and social distance provided they have a policy deemed effective to ensure non-vaccinated individuals continue to follow these requirements.
The rules have been reformed focusing on performance, eliminating industry-specific requirements. Definitions have been updated to more clearly reflect changes in close contact and quarantining requirements for fully vaccinated employees.
Cleaning requirements have been updated to reflect changes in CDC recommendations.
Employers should continue to have and implement a written COVID-19 preparedness and response plan in accordance with the updated rules.
MDHHS also updated its COVID-19 Gatherings and Face Masks epidemic order, eliminating outdoor capacity limits and increasing indoor social gatherings, including weddings, conferences and funerals, to 50% capacity. Under the new order, which goes into effect Tuesday, June 1, and continues through Thursday, July 1, masks will continue to be required indoors for individuals who are not yet vaccinated.