Governor Whitmer signed Executive Order (E.O) 2020-91 requiring all businesses that are open or about to reopen to develop “a COVID-19 preparedness and response plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration.”
The E.O. requires a business to make its plan readily available to employees, labor unions, and customers, whether via website, internal network, or by hard copy by June 1, 2020, or within two weeks of resuming in-person activities, whichever is later.
The E.O. requires that employers designate a COVID-19 supervisor, details the required COVID-19 employee training, discusses health screening and safety requirements among other previously existing requirements in other E.O.s. Specific requirements are now in place for businesses whose work is performed outdoors, the construction industry, the manufacturing facilities, research laboratories, retail stores open for in-store sales, offices and restaurants and bars.
The E.O. specifies: "These standards will have the force and effect of agency rules and will be vigorously enforced by the agencies that oversee compliance with other health-and-safety rules. Any failure to abide by the rules will also constitute a failure to provide a workplace that is free from recognized hazards within the meaning of the Michigan Occupational Safety and Health Act, MCL 408.1011.”
The Bodman Law Firm has provided examples of Preparedness and Response Plans for businesses based on various risk categories for Chamber members. You can access these examples here. The OSHA guidance referenced in the E.O. can be found here.
For more information on Preparedness and Response Plans, please contact Dan Papineau at firstname.lastname@example.org.