Effective May 24, 2021, MIOSHA released revised Emergency Rules which are consistent with the MDHHS Order and CDC guidance. Effective immediately, employers are no longer required to have their fully vaccinated employees wear face coverings when six feet of distance cannot be maintained. Fully vaccinated means those individuals for whom two weeks have passed since the date of their last dose of the COVID-19 vaccine. Any individuals who do not fall within this definition must continue to wear face coverings when 6 feet of distance cannot be maintained.

Understanding that some safety strategies will work for some employers but will not work for others, MIOSHA has provided employers with various options for compliance with the Emergency Rules.

Specifically, the revised Emergency Rules provide that employers may accomplish compliance with the revised requirements by:

• Keeping records of whether employees are fully vaccinated, and exempting them from the masks and social distancing requirements;
• 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
• Requiring face coverings and social distancing for all employees regardless of vaccination status.

In addition to the changes relating to fully vaccinated individuals, the revised Emergency Rules incorporate several other revisions, including, among others:

• Elimination of the prohibition on in-person work;
• Elimination of industry-specific requirements; and
• Elimination of the requirement to notify the local public health department upon a positive COVID-19 diagnosis.

Due to these revised Emergency Rules, it is likely that many employers will need to revisit and modify their COVID-19 Response Plan to account for the various changes.