Many Michigan businesses are planning for or beginning the process of reopening in some capacity. Mich Exec Order No 2020-183, effective October 9, 2020, continues the prior Safe Start order’s remote work requirements. Namely, any work that is capable of being performed remotely must be performed remotely in all Michigan Regions except 6 and 8. Although not required in Regions 6 and 8, the order states that work capable of being performed remotely “should” be performed remotely. Any businesses requiring in-person work must abide by the workplace safeguards outlined in Mich Exec Order No 2020-184, effective September 25, 2020, which include the following:

• Developing a COVID-19 preparedness and response plan consistent with guidance from the Occupational Safety and Health Administration (OSHA).
• Designating on-site work site supervisor(s) to implement, monitor, and report on COVID-19 control.
• Providing specifically delineated COVID-19 training to employees.
• Holding daily self-screening protocols.
• Maintaining social distancing protocols.
• Providing facial coverings, which must be worn if six feet of distance cannot be maintained.
• Increasing facility cleaning and disinfection, adopting of protocols for cleaning and disinfection, and provision of cleaning supplies.
• Implementing certain protocols surrounding employees or known patrons with confirmed cases of COVID-19.
• Restricting business-related travel to essential travel only.
• Encouraging employees to use personal protective equipment (PPE) and hand sanitizer while using public transit.
• Promoting remote work to the fullest extent possible.
• Adopting additional infection-control measures as reasonable.

In addition, Mich Exec Order No 2020-184 outlines industry-specific requirements for outdoor work, construction, manufacturing, research labs, retail stores (including libraries and museums), offices, restaurants and bars, outpatient health care facilities, in-home services, personal-care service providers (barbers, salons, and spas), places of public accommodation, sports and exercise facilities (gyms, fitness centers, recreation centers, etc.), pools, meat and poultry processing plants, casinos, and racetracks. Under the order, all employers must keep a record of their provision of COVID-19 training, their daily self-screening protocols, and their actions concerning employees with confirmed cases of COVID-19 (reporting to local health department and informing co-workers or others who may have come in contact with them).

Also note that Mich Exec Order No 2020-166, rescinding Mich Exec Order No 2020-36, renews the prohibition on employers from discharging, disciplining, or retaliating against employees who stay home for certain COVID-19-related reasons and changes the quarantine requirements for those who test positive or are symptomatic. See this post for more details.

A number of resources are available for businesses and their attorneys as they begin to return to work, including the following:

• Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (Centers for Disease Control)
• OSHA guidance (referenced in Mich Exec Order No 2020-161)
• ICLE’s Advising Employers During the COVID-19 Pandemic
• Blanchard & Walker PLLC’s Return-to-Work: Workplace Safety Precautions During COVID-19
• Reopening Toolkit for Michigan Law Offices (State Bar of Michigan)
• 2020 COVID-19 Business Reopening Plan Template and Forms Guide (Michigan Association of Justice)
• Worker Safety and Health During COVID-19 Pandemic toolkit (National Employment Law Project)

If you are aware of other return-to-work resources helpful to Michigan attorneys, or need guidance in a particular area not covered here, please let us know so we can plan to get you what you need.