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Summary of Michigan COVID-19 Executive Orders 2020-96 and 2020-97

ALL BUSINESSES ALLOWED TO CONTINUE OR RESUME OPERATIONS

Paragraph 1 of 2020-97 addresses requirements for all businesses or operations that are permitted to require their employees to leave the homes or residences for work under Executive Order 2020-96, and any order that follows.  All business must, at a minimum:

  • Implement a COVID-19 Preparedness Plan and Response Plan consistent with OSHA’s Guidance on Preparing Workplaces for COVID-19; by June 1, 2020 or within two (2) weeks of resuming in-person activities.
    • Plans must be readily available to employees, labor unions, and customers via website, internal network or hard copy.
  • Designate a site-specific supervisor to monitor and oversee the implementation of COVID-19 control strategies. The supervisor must remain on-site at all times when employees are present on site. An on-site worker may be designated to perform the supervisory role.
    • Note: This requirement was previously in place for construction businesses.
  • Provide and document COVID-19 training for all employees that covers, at minimum:
    • (1) infection control;
    • (2) proper use of PPEs;
    • (3) steps employees must take to notify the business of any symptoms of COVID-19, or a suspected or confirmed diagnosis; and
    • (4) how to report unsafe working conditions.
      • Additional industry specific requirements are covered in subsequent sections.
    • Conduct daily entry self-screening protocol for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19.
      • Additional industry specific requirements are covered in subsequent sections.
    • Keep everyone on the worksite premises at least six feet from one another. This includes use of ground markings, signs, and physical barriers, as appropriate to the worksite.
    • Provide non-medical grade face coverings to their employees.
      • N95 masks and surgical masks remain reserved, for now, for health care professionals, first responders, and other critical workers.
    • Require face coverings to be worn when employees cannot consistently maintain six feet of separation from other individuals in the workplace.
      • Face shields should be considered when employees cannot consistently maintain three feet of separation from other individuals in the workplace.
    • Increase facility cleaning and disinfection to limit exposure to COVID-19, especially on high-touch surfaces (e.g., door handles), paying special attention to parts, products, and shared equipment (e.g., tools, machinery, vehicles).
      • Protocols must be in place to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace.
    • Adopt protocols to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace.
    • Make cleaning supplies available to employees upon entry and at the worksite and provide time for employees to wash hands frequently or to use hand sanitizer.
    • Implement a notification plan for when an employee is identified with a confirmed case of COVID-19, within 24 hours, businesses must notify both:
      • The local public health department, and
      • Any co-workers, contractors, or suppliers who may have come into contact with the person with a confirmed case of COVID-19.
    • Implement a plan to allow employees with a confirmed or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the latest guidelines from the Center for Disease Control and Prevention (“CDC”).
    • Follow Executive Order 2020-36, and any executive orders that follow it, that prohibit discharging, disciplining, or otherwise retaliating against employees who stay home or who leave work when they are at particular risk of infecting others with COVID-19.
    • Establish a response plan for dealing with a confirmed infection in the workplace, including protocols for sending employees home and for temporary closures of all or part of the worksite to allow for deep cleaning.
    • Restrict business-related travel for employees to essential travel only.
    • Encourage use of personal protective equipment and hand sanitizer on public transportation.
    • Continue to promote remote work to the fullest extent possible.
    • Adopt any additional infection-control measures that are reasonable in light of the work performed at the worksite and the rate of infection in the surrounding community.

OUTDOOR OPERATIONS

In addition to the protocol required of all businesses, Paragraph 2 addresses additional measures that were implemented under 2020-77 10(c) and 11(i).  Businesses or operations whose work is primarily and traditionally performed outdoors must:

  • Prohibit gatherings of any size in which people cannot maintain six feet of distance from one another.
  • Limit in-person interaction with clients and patrons to the maximum extent possible, and bar any such interaction in which people cannot maintain six feet of distance from one another.
  • Provide and require the use of personal protective equipment such as gloves, goggles, face shields, and face coverings, as appropriate for the activity being performed.
  • Adopt protocols to limit the sharing of tools and equipment to the maximum extent possible and to ensure frequent and thorough cleaning and disinfection of tools, equipment, and frequently touched surfaces.

CONSTRUCTION

In addition to the protocol required of all businesses, Paragraph 3 addresses additional measures that were previously implemented under 2020-77 11(j).  Businesses or operations in the construction industry must:

  • Conduct a daily entry screening protocol for employees, contractors, suppliers, and any other individuals entering a worksite, including a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19, together with, if possible, a temperature screening.
  • Create dedicated entry point(s) at every worksite, if possible, for required daily screening, or in the alternative issue stickers or other indicators to employees to show that they received a screening before entering the worksite that day.
  • Provide instructions for the distribution of personal protective equipment and designate on-site locations for soiled face coverings.
  • Require the use of work gloves where appropriate to prevent skin contact with contaminated surfaces.
  • Identify choke points and high-risk areas where employees must stand near one another (such as hallways, hoists and elevators, break areas, water stations, and buses) and control their access and use (including through physical barriers) so that social distancing is maintained.
  • Ensure there are sufficient hand-washing or hand-sanitizing stations at the worksite to enable easy access by employees.
  • Notify contractors (if a subcontractor) or owners (if a contractor) of any confirmed COVID-19 cases among employees at the worksite.
  • Restrict unnecessary movement between project sites.
  • Create protocols for minimizing personal contact upon delivery of materials to the worksite.

MANUFACTURING

In addition to the protocol required of all businesses, Paragraph 4 addresses additional measures that were previously implemented under 2020-77 11(k).  Manufacturing facilities must:

  • Implement and conduct a daily entry screening protocol for employees, contractors, suppliers, and any other individuals entering the facility, including a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19, together with temperature screening as soon as no-touch thermometers can be obtained.
  • Create dedicated entry point(s) at every facility for daily screening, and ensure physical barriers are in place to prevent anyone from bypassing the screening.
  • Suspend all non-essential in-person visits, including tours.
  • In addition to the training requirements under Paragraph 1 (c), manufacturing businesses must also include training on:
    • COVID-19 transmission from person to person;
    • Distance that the virus can travel in the air, as well as the time it remains viable in the air and on environmental surfaces.
    • The use of personal protective equipment, including the proper steps for putting it on and taking it off.
  • Reduce congestion in common spaces wherever practicable by, for example, closing salad bars and buffets within cafeterias and kitchens, requiring individuals to sit at least six feet from one another, placing markings on the floor to allow social distancing while standing in line, offering boxed food via delivery or pick-up points, and reducing cash payments.
  • Implement rotational shift schedules where possible (e.g., increasing the number of shifts, alternating days or weeks) to reduce the number of employees in the facility at the same time.
  • Stagger meal and break times, as well as start times at each entrance, where possible.
  • Install temporary physical barriers, where practicable, between work stations and cafeteria tables.
  • Create protocols for minimizing personal contact upon delivery of materials to the facility.
  • Adopt protocols to limit the sharing of tools and equipment to the maximum extent possible.
  • Ensure there are sufficient hand-washing or hand-sanitizing stations at the worksite to enable easy access by employees, and discontinue use of hand dryers.
  • Implement a notification plan that to alert plant leaders and potentially exposed individuals upon identification of a positive case of COVID-19 in the facility.
    • Manufacturing businesses must also maintain a central log for symptomatic employees or employees who received a positive test for COVID-19.
  • Send potentially exposed individuals home upon identification of a positive case of COVID-19 in the facility.
  • Require employees to self-report to plant leaders as soon as possible after developing symptoms of COVID-19.
  • Have a plan in place to shut areas of the manufacturing facility for cleaning and disinfection, as necessary, if an employee is displaying symptoms of COVID-19.

RESEARCH LABORATORIES

In addition to the protocol required of all businesses, Paragraph 5 addresses additional measures that were previously implemented under 2020-90 for research laboratories that do not perform diagnostic testing.  Laboratories must:

  • Assign dedicated entry point(s) and/or times into lab buildings.
  • Conduct a daily entry screening protocol for employees, contractors, suppliers, and any other individuals entering a worksite, including a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19, together with, if possible, a temperature screening.
  • Create protocols and/or checklists as necessary to conform to the facility’s COVID-19 preparedness and response plan under section 1(a).
  • Suspend all non-essential in-person visitors (including visiting scholars and undergraduate students) until further notice.
  • Establish and implement a plan for distributing face coverings.
  • Limit the number of people per square feet of floor space permitted in a particular laboratory at one time.
  • Close open workspaces, cafeterias, and conference rooms.
  • As necessary, use tape on the floor to demarcate socially distanced workspaces and to create one-way traffic flow.
  • Require all office and dry lab work to be conducted remotely.
  • Minimize the use of shared lab equipment and shared lab tools and create protocols for disinfecting lab equipment and lab tools.
  • Provide disinfecting supplies and require employees to wipe down their work stations at least twice daily.
  • Implement an audit and compliance procedure to ensure that cleaning criteria are followed.
  • Establish a clear reporting process for any symptomatic individual or any individual with a confirmed case of COVID-19, including the notification of lab leaders and the maintenance of a central log.
  • Clean and disinfect the work site when an employee is sent home with symptoms or with a confirmed case of COVID-19.
  • Send any potentially exposed co-workers home if there is a positive case in the facility.
  • Restrict all non-essential travel, including in-person conference events.

RETAIL STORES – IN-PERSON SALES

In addition to the protocol required of all businesses, Paragraph 6 addresses additional measures that were previously implemented under 2020-77 9(c), 10(f) and 12 for retail stores permitted to conduct in-person sales.  These business must:

  • Create communications material for customers (e.g., signs or pamphlets) to inform them of changes to store practices and to explain the precautions the store is taking to prevent infection.
  • Establish lines to regulate entry in accordance with subsection (c) of this section, with markings for patrons to enable them to stand at least six feet apart from one another while waiting. Stores should also explore alternatives to lines, including by allowing customers to wait in their cars for a text message or phone call, to enable social distancing and to accommodate seniors and those with disabilities.
  • Adhere to the following restrictions:
    • For stores of less than 50,000 square feet of customer floor space, must limit the number of people in the store (including employees) to 25% of the total occupancy limits established by the State Fire Marshal or a local fire marshal. Stores of more than 50,000 square feet must:
      • Limit the number of customers in the store at one time (excluding employees) to 4 people per 1,000 square feet of customer floor space.
      • Create at least two hours per week of dedicated shopping time for vulnerable populations, which for purposes of this order are people over 60, pregnant women, and those with chronic conditions like heart disease, diabetes, and lung disease.
    • The director of the Department of Health and Human Services is authorized to issue an emergency order varying the capacity limits described in this subsection as necessary to protect the public health.
  • Post signs at store entrance(s) instructing customers of their legal obligation to wear a face covering when inside the store.
  • Post signs at store entrance(s) informing customers not to enter if they are or have recently been sick.
  • Design spaces and store activities in a manner that encourages employees and customers to maintain six feet of distance from one another.
  • Install physical barriers at checkout or other service points that require interaction, including plexiglass barriers, tape markers, or tables, as appropriate.
  • Establish an enhanced cleaning and sanitizing protocol for high-touch areas like restrooms, credit-card machines, keypads, counters, shopping carts, and other surfaces.
  • Train employees the following additional matter:
    • Appropriate cleaning procedures, including training for cashiers on cleaning between customers.
    • How to manage symptomatic customers upon entry or in the store.
  • Implement a plan to notify employees if the employer learns that an individual (including a customer or supplier) with a confirmed case of COVID-19 has visited the store.
  • Limit staffing to the minimum number necessary to operate.

OFFICES

In addition to the protocol required of all businesses, Paragraph 7 includes additional requirements for office settings.  Businesses with an office environment must:

  • Assign dedicated entry point(s) for all employees to reduce congestion at the main entrance.
  • Provide visual indicators of appropriate spacing for employees outside the building in case of congestion.
  • Take steps to reduce entry congestion and to ensure the effectiveness of screening (e.g., by staggering start times, adopting a rotational schedule in only half of employees are in the office at a particular time).
  • Require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.
  • Increase distancing between employees by spreading out workspaces, staggering workspace usage, restricting non-essential common space (e.g., cafeterias), providing visual cues to guide movement and activity (e.g., restricting elevator capacity with markings, locking conference rooms).
  • Turn off water fountains.
  • Prohibit social gatherings and meetings that do not allow for social distancing or that create unnecessary movement through the office.
  • Provide disinfecting supplies and require employees wipe down their work stations at least twice daily.
  • Post signs about the importance of personal hygiene.
  • Disinfect high-touch surfaces in offices (e.g., whiteboard markers, restrooms, handles) and minimize shared items when possible (e.g., pens, remotes, whiteboards).
  • Institute cleaning and communications protocols when employees are sent home with symptoms.
  • Implement a plan to notify all employees if the employer is aware that an individual (including a customer, supplier, or visitor) with a confirmed case of COVID-19 has visited the office.
  • Suspend all nonessential visitors.
  • Restrict all non-essential travel, including in-person conference events.

RESTAURANTS AND BARS

In addition to the protocol required of all businesses, Paragraph 8 includes additional requirements for in-person dining at bars and restaurants.  Restaurants and bars must:

  • Limit capacity to 50% of normal seating.
  • Require six feet of separation between parties or groups at different tables or bar tops (e.g., spread tables out, use every other table, remove or put up chairs or barstools that are not in use).
  • Create communications material for customers (e.g., signs, pamphlets) to inform them of changes to restaurant or bar practices and to explain the precautions that are being taken to prevent infection.
  • Close waiting areas and ask customers to wait in cars for a call when their table is ready.
  • Close self-serve food or drink options, such as buffets, salad bars, and drink stations.
  • Provide physical guides, such as tape on floors or sidewalks and signage on walls to ensure that customers remain at least six feet apart in any lines.
  • Post sign(s) at store entrance(s) informing customers not to enter if they are or have recently been sick.
  • Post sign(s) instructing customers to wear face coverings until they get to their table.
  • Require hosts and servers to wear face coverings in the dining area.
  • Require employees to wear face coverings and gloves in the kitchen area when handling food, consistent with guidelines from the Food and Drug Administration (“FDA”).
  • Limit shared items for customers (e.g., condiments, menus) and clean high-contact areas after each customer (e.g., tables, chairs, menus, payment tools, condiments).
  • Additional training of restaurant and bar employees must include:
    • Appropriate use of personal protective equipment in conjunction with food safety guidelines.
    • Food safety health protocols (e.g., cleaning between customers, especially shared condiments).
    • How to manage symptomatic customers upon entry or in the restaurant.
  • Implementation of a notification plan to alert employees if the employer learns that an individual (including an employee, customer, or supplier) with a confirmed case of COVID-19 has visited the store.
  • Implementation of protocol that addresses the immediate closure of the restaurant or bar if an employee shows multiple symptoms of COVID-19 (fever, atypical shortness of breath, atypical cough) and perform a deep clean, consistent with guidance from FDA and the Center for Disease Control. Such cleaning may occur overnight.
  • Require a doctor’s written release to return to work if an employee has a confirmed case of COVID-19.
  • Install physical barriers, such as sneeze guards and partitions at cash registers, bars, host stands, and other areas where maintaining physical distance of six feet is difficult.
  • To the maximum extent possible, limit the number of employees in shared spaces, including kitchens, break rooms, and offices, to maintain at least a six-foot distance between employees.

OUTPATIENT HEALTH-CARE FACILITIES AND VETERINARY CLINICS

Outpatient health-care facilities, including clinics, primary care physician offices, or dental offices, and also including veterinary clinics.  In addition to the protocol required of all businesses, Paragraph 9 includes additional requirements for outpatient health-care facilities. These businesses must:

  • Post signs at entrance(s) instructing patients to wear a face covering when inside.
  • Limit waiting-area occupancy to the number of individuals who can be present while staying six feet away from one another and ask patients, if possible, to wait in cars for their appointment to be called.
  • Mark waiting rooms to enable six feet of social distancing (e.g., by placing X’s on the ground and/or removing seats in the waiting room).
  • Enable contactless sign-in (e.g., sign in on phone app) as soon as practicable.
  • Add special hours for highly vulnerable patients, including the elderly and those with chronic conditions.
  • Conduct a common screening protocol for all patients, including a temperature check and questions about COVID-19 symptoms.
  • Place hand sanitizer and face coverings at patient entrance(s).
  • Require employees to make proper use of personal protective equipment in accordance with guidance from the CDC and the U.S. Occupational Health and Safety Administration.
  • Require patients to wear a face covering when in the facility, except as necessary for identification or to facilitate an examination or procedure.
  • Install physical barriers at sign-in, temperature screening, or other service points that normally require personal interaction (e.g., plexiglass, cardboard, tables).
  • Employ telehealth and telemedicine to the greatest extent possible.
  • Limit the number of appointments to maintain social distancing and allow adequate time between appointments for cleaning.
  • Employ specialized procedures for patients with high temperatures or respiratory symptoms (e.g., special entrances, having them wait in their car) to avoid exposing other patients in the waiting room.
  • Deep clean examination rooms after patients with respiratory symptoms and clean rooms between all patients.
  • Establish procedures for building disinfection in accordance with CDC guidance if it is suspected that an employee or patient has COVID-19 or if there is a confirmed case.

Above all, if you find yourself questioning whether your business is ready, contact counsel immediately, we are here to help!