MIOSHA Emergency Workplace Rules Generally No Longer in Effect

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On June 22, 2021, The Michigan Occupational Safety and Health Administration posted a new set of Emergency Rules on the Department of Labor and Economic Opportunity's COVID-19 Workplace Safety Guidance website. These emergency rules, which "supersede the entirety of the emergency rules filed on May 24, 2021," remove all previous requirements to identify and control COVID-19 hazards in the general workplace. It is no longer necessary for most employers to implement a COVID-19 preparedness and response plan with engineering and administrative controls, basic infection prevention measures (including requiring face coverings and social distancing for unvaccinated workers), daily employee screening, training, and record keeping. For health care workplaces, however, the newest version of MIOSHA emergency rules adopted the recently issued COVID-19 Emergency Temporary Standard to protect workers in those settings where people with COVID-19 are expected to be present.

Employers still have a general duty under the Michigan Occupational Safety and Health Act to provide a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical harm to the employee. MIOSHA has indicated that while there are no longer specific workplace requirements, workplaces are strongly encouraged to follow the available CDC and OSHA recommendations to mitigate workplace hazards related to COVID-19. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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