Wednesday, April 14, 2021
On Tuesday, April 13, 2021, Michigan Governor Gretchen Whitmer signed a certificate of need authorizing an extension of the Michigan Occupational Safety and Health Administration (“MIOSHA”) COVID-19 Emergency Rules (the “Emergency Rules”). The Emergency Rules were originally set to expire on April 14, however, the Administrative Procedures Act allows for one six-month extension. The Emergency Rules may now remain in place through October 14, 2021.
Under the MIOSHA Emergency Rules – issued to replace portions of executive orders deemed unconstitutional by the Michigan Supreme Court – employers are required to put in place a COVID-19 Preparedness and Response Plan. Critically, as part of the response plan, employers must adopt a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely. The Emergency Rules also dictate that employers must conduct exposure determination