Preparedness and Response Plan
Under the updated Michigan Occupational and Safety Health Administration’s (MIOSHA) Emergency Rules issued Monday, all employers must have an updated COVID-19 Preparedness and Response Plan on record. Our friends at the Bodman law firm have Michigan Chamber members covered and have updated their Preparedness and Response Plan template, which can be found HERE.
Under the MIOSHA’s updated Emergency Rules, effective between May 24 and October 14, 2021, businesses no longer need to:
- Prohibit in-person performance of work that can feasibly be completed remotely, facilitating the state-wide return to work in offices;
- Complete mandatory temperature screenings;
- Require notice to local health departments of confirmed COVID-19 cases;
- Categorize employees by “risk” classifications in their COVID-19 Preparedness and Response Plans; or
- Follow industry-specific standards.
Click HERE for Bodman’s full analysis of the updated Emergency Rules and what’s required of employers.
It is important to note that different employment law attorneys have different interpretations of what is meant under Rule 6(5) and whether it requires employers to ask all employees if they are vaccinated in order to loosen their social distancing and masking requirements. Some believe employer verification is required under the Rules, while others argue compliance can be achieved through the alternative methods outlined under the Rule, including posting signs in the work area reminding employees that are not fully vaccinated to wear face coverings and maintain appropriate distancing, allowing or requiring remote work or continuing to require face coverings and social distancing for all employees regardless of vaccination status.
We will continue to push MIOSHA to clarify their intent. In the meantime, we would advise checking with legal counsel before proceeding.
Please let the Southwest Michigan Regional Chamber team if know if we can help answer any questions at firstname.lastname@example.org.