On Friday morning, Governor Whitmer announced the State will follow the Center for Disease Control and Prevention’s (CDC) new guidance for masks and social distancing for individuals who are fully vaccinated against COVID-19. The Governor is expected to release a new Michigan Department of Health and Human Services (MDHHS) Epidemic Order later today or early tomorrow, which will take effect on Saturday, May 15 at 9 a.m.
It’s important to note that the announcement did not address whether changes will be coming to the Michigan Occupational Safety and Health Administration’s (MIOSHA) Emergency Rules, which mandate social distancing and mask wearing requirements related to the workplace and specific industries, including restaurants and bars, retailers, libraries, museums, health care, personal-care services (barbering, cosmetology, tanning, massage, etc.), public accommodations (sports and entertainment facilities), gyms and casinos.
Michigan has long mandated mask wearing and social distancing under its MDHHS Epidemic Orders and the MIOSHA Emergency Rules. Both sets of rules require mask wearing and social distancing for employees, customers, visitors, contractors and the like, regardless of vaccination status (i.e., except as it relates to residential gatherings).
The CDC’s updated guidance recommends “fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.”
The Governor’s announcement Friday said the following about the expected new Order (yet to be released): “Under the updated MDHHS Gatherings and Mask Order, Michiganders who are outdoors will no longer need to wear a mask regardless of vaccination status. While indoors, fully vaccinated Michiganders will no longer need to wear a mask, but residents who are not vaccinated, or have not completed their vaccinations, must continue to wear a mask or face covering to protect themselves and others. After July 1, the broad indoor mask mandate will expire.”
Further details, including an updated Order, are expected to be released later today.
However, because the MISOHA Emergency Rules remain unchanged, employers should continue to follow the requirements found in the rules for now. We fully expect changes to the Emergency Rules to be coming in the next few days, including changes to the following requirements, although the details remain unclear. Currently, the Emergency Rules require:
- Mask mandates for all employees, regardless of vaccination status. “The employer shall require face coverings to be worn when employees cannot consistently maintain 6 feet of separation from other individuals in the workplace and consider face shields when employees cannot consistently maintain 3 feet of separation from other individuals in the workplace.” And “The employer shall require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.” (Rule 7)
- Social distancing for all employees, regardless of vaccination status. “The employer shall keep everyone on the worksite premises at least 6 feet from one another to the maximum extent possible and to reduce congestion, including using ground markings, signs, and physical barriers, as appropriate to the worksite.” (Rule 7)
- Industry specific requirements regarding masks and social distancing for customers/patrons, regardless of vaccination status. Applies to restaurants and bars, retailers, libraries, museums, health care, personal-care services (barbering, cosmetology, tanning, massage, etc.), public accommodations (sports and entertainment facilities), gyms and casinos. (Rule 9)
- Quarantine and isolation requirements for all employees regardless of vaccination status. (Rule 6)
- Remote work requirements regardless of vaccination status. “The employer shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely.” (Rule 5)
The announcement today is welcome news but, without the corresponding changes to the MIOSHA Emergency Rules, little seems to have changed as it relates to the workplace and businesses open to the public. In the short-term, this is expected to lead to confusion and even chaos for the business community.
Furthermore, questions still remain about how this meshes with the Governor’s “Vacc to Normal” plan, which ties the easing of restrictions to vaccination plans, and how/whether it impacts MIOSHA’s plans to move forward with permanent COVID-19 workplace safety rules.
Please contact Wendy Block with any questions at wblock@michamber.com