May 24, 2021 —The Michigan Occupational Health and Safety Administration (MIOSHA) has issued updated rules for employers. The new rules are here. Key points: The rules largely bring MIOSHA in line with what the MDHHS announced two weeks ago in terms of restrictions, masks, etc. The release notes “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.” In terms of what is deemed effective I am including the relevant part of the order below. Note that employers have several options to comply with the new mask rules. One of the options is to post signs notifying employees of the need for unvaccinated people to wear a mask. Nothing in the rules prohibits an employer from continuing to require masks for all employees regardless of vaccination status; in fact it is another “approved” way to comply with the rule. See below for more. Rule 6. Workplace controls for all employers. (1) The employer shall designate 1 or more worksite COVID-19 safety coordinators to implement, monitor, and report on the COVID-19 control strategies developed under these rules. (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. (3) The employer shall provide non-medical grade face coverings to their employees at no cost to the employee. Employers are not required to provide non-medical grade face coverings to fully vaccinated persons. (4) The employer shall require any 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. (5) Compliance with subrules (2) and (4) of this rule may be accomplished in a manner deemed effective for the place of employment. This may include: (a) Keeping records of whether employees are fully vaccinated persons, and exempting them from subrules (2) and (4) of this rule accordingly. (b) Posting signs in the work area reminding employees that are not fully vaccinated to wear face coverings and maintain appropriate distancing. (c) Allowing or requiring remote work. (d) Requiring face coverings and social distancing for all employees regardless of vaccination status. —- May 14, 2021 — This week included a range of updates related to office work environments and mask requirements. The U.S. CDC on Thursday announced several changes to mask regulations, and the State of Michigan has issued updates to its policies that seek to align state policy with the CDC guidelines, but which maintain several requirements employers should be aware of. Here are the basic elements of the CDC guidance issued Thursday: Vaccinated Americans can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance. If you travel in the United States, you do not need to get tested before or after travel or self-quarantine after travel. If you’ve been around someone who has COVID-19, you do not need to stay away from others or get tested unless you have symptoms. Those who are not fully vaccinated should continue to take precautions. The CDC announcement is here. Here are the key points on a Friday announcement from the State of Michigan: The state will lift mask requirements for fully vaccinated individuals through a new epidemic order that goes into effect Saturday at 9 AM. This policy aligns the state with guidance from the federal Centers for Disease Control and Prevention. In addition, the broad indoor mask mandate will expire July 1. In addition, MIOSHA has indicated it is “in the process of reviewing both the emergency rules and draft permanent rules.” Updated MDHHS Order On Friday evening, MDHHS issued an updated order. That document is available here. We recommend you review Section 6 and Section 7, in particular. Things to know, per the order: An indoor mask requirement still applies to those who are not fully vaccinated against COVID-19. (Section 6A) The order requires establishments to make “a good faith effort to ensure that all persons at their establishment (including employees) comply” with this section. For the purposes of the order, examples of a “good faith effort” could mean posting a sign notifying people that wearing a mask is required unless a person falls into a specified exception (including having been vaccinated); asking patrons not wearing masks whether they fall into a specified exception; or requiring face masks of all patrons and employees. To be clear, these recommendations are what appear in the MDHHS document. The most straightforward compliance path for most will be for businesses to prominently post a sign notifying visitors that they are required to wear a mask unless they have been vaccinated against COVID-19 or fit the other listed exemption criteria. Businesses also continue to have the option to require masks of all visitors, and many retailers have elected to do so. As for inquiring about visitors’ vaccine status, we do not believe it is realistic to expect frontline customer service workers, such as counter staff, to police visitors’ vaccine status on a case-by-case basis. It is important to note that under the MDHHS order, a baseline mask requirement still exists and we recommend businesses make a good faith effort to follow the guidelines. Unfortunately, the current approach puts the burden of enforcing even-more-complex mask rules onto local businesses and frontline customer service workers. MABA will encourage our state government to: Move past mask requirements. These requirements have grown in complexity, becoming even more difficult to interpret, communicate and enforce in light of the updated CDC guidance. Focus its efforts on promoting the safe, effective COVID-19 vaccine. Please contact our office or any member of the MABA staff if you have questions.
