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State Further Clarifies Guidance on Remote Work, Requires Employers to Demonstrate ‘Infeasibility’

Advocacy News – 11/19/2020

MIOSHA recently tightened their stance on how they will enforce the remote work requirements set out in the epidemic orders issued by the State of Michigan.

While MIOSHA previously said they “will not focus on evaluating the business’ judgment of feasibility, except for cases of obvious misapplication,” their new stance says otherwise. MIOSHA’s new position is much stricter than previously issued guidance. The State will now require an employer to prove feasibility of remote work and issue a policy accordingly.

MDHHS also published an infographic that states that “manufacturing, construction, [or] other work that is impossible to do remotely” can remain open, while those workplaces where “work can be done from home” cannot open.

The new MIOSHA language is consistent with DHHS informal guidance issued on November 6, 2020.

Please contact Wendy Block with any questions at wblock@michamber.com

Advocacy News – 11/19/2020

MIOSHA recently tightened their stance on how they will enforce the remote work requirements set out in the epidemic orders issued by the State of Michigan.

While MIOSHA previously said they “will not focus on evaluating the business’ judgment of feasibility, except for cases of obvious misapplication,” their new stance says otherwise. MIOSHA’s new position is much stricter than previously issued guidance. The State will now require an employer to prove feasibility of remote work and issue a policy accordingly.

MDHHS also published an infographic that states that “manufacturing, construction, [or] other work that is impossible to do remotely” can remain open, while those workplaces where “work can be done from home” cannot open.

The new MIOSHA language is consistent with DHHS informal guidance issued on November 6, 2020.

Please contact Wendy Block with any questions at wblock@michamber.com