Publication

24 May 2021

MIOSHA Updates Emergency Rules and Draft Permanent Rules for COVID-19

Today, Gov. Gretchen Whitmer announced amendments to emergency rules and draft permanent rules for preventing the spread of COVID-19 in the workplace, as promulgated by the Michigan Occupational Safety and Health Administration (MIOSHA). The new emergency rules take effect today, and will remain in effect until October 14, 2021. The draft permanent rules have been withdrawn, and the public hearing on those rules, previously scheduled for May 26, 2021, has been cancelled.

The updates to the rules reflect new guidance from the U.S. Centers for Disease Control and Prevention (as well as the Michigan Department of health and Human Services) regarding the spread of COVID-19 especially as it pertains to fully vaccinated individuals.

Key changes include:

  • Elimination of the requirement that employers create a “Policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely”
  • Removal of a mask requirement for fully vaccinated individuals
  • A shortened record keeping period for health screenings, from one year to six months.

Tomorrow morning at 8:00 a.m. Miller Johnson will host the webinar “CDC Guidance, MDHHS and MIOSHA: Where Do We Stand?” addressing these and other changes in detail and answer questions from participants.  Click here to register.

Also of note, Michigan’s COVID-19 Workplace Safety Director Sean Egan will host a webinar tomorrow afternoon at 2:30 p.m. to answer any questions about the updated rules.

You can find a copy of the MIOSHA notice here: https://www.michigan.gov/leo/0,5863,7-336-100207—,00.html

And a copy of the new emergency rules here: https://www.michigan.gov/documents/leo/MIOSHA_COVID_Emergency_Rules_726100_7.pdf