Advocacy News – April 12, 2021
Despite calls for Governor Whitmer to loosen the restrictions on in-person work, the Whitmer administration announced at a press conference Monday the state is planning to extend emergency workplace restrictions this week for another six months. The restrictions effectively prohibit in-person work, if it can be done remotely.
The Chamber expressed frustration and disappointment with the administration’s desire to keep its thumb on in-person work decisions, the lack of evidence that offices are a source of significant spread and the impact the restrictions will have on the economy and jobs.
Citing statutory authority under the Michigan Occupational Safety and Health Act, the Governor announced the Michigan Occupational Safety and Health Administration (MIOSHA) will be extending the COVID-19 workplace safety Emergency Rules (put in place in October of 2020, but set to expire on April 14) for another six months, or through October of 2021.
Although the extended Rules have not yet been published on the state’s website, they are expected to continue to restrict in-person work (by requiring employers to “create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely”) as well as govern workplace controls, including social distancing, mask-wearing and sanitation practices.
MIOSHA has already announced its intention promulgate “permanent” rules for COVID-19 related restrictions in the workplace. MIOSHA has said once the permanent rules are in place (which could take six to 12 months), the Emergency Rules will be rescinded. It remains unclear what will be required of employers under the permanent rules and whether the prohibition on in-person work will remain part of the requirements.
MIOSHA claims the Emergency Rules are not intended to ban in-person or office work. However, they have balked at repeated suggestions by the Chamber and others to revise the rule to clarify their intent and to help employers better understand how to comply.
Despite this latest setback on reopening Michigan’s economy, the Michigan Chamber will continue to advocate that offices are some of the lowest risk settings and should be allowed to reopen with the proper safety protocols in place, especially as more and more Michiganders get vaccinated and we move towards herd economy. We believe the state should trust job providers and employees to get back to work safely. This is the only way to help struggling businesses and move our state’s economy forward.
The Michigan Chamber is leading the Reopen Michigan Safely coalition. Visit the website today to get involved and to make your voice heard.
Please contact Wendy Block with any questions at wblock@michamber.com.