On May 24, 2021, Governor Gretchen Whitmer announced updates to Michigan OSHA’s COVID-19 emergency rules and the Michigan Department of Health and Human Services COVID-19 Gatherings and Face Masks epidemic order, eliminating outdoor capacity limits and increasing indoor social gatherings to 50 percent capacity as of June 1.
Michigan OSHA published its revised COVID-19 emergency rules in accordance with the state’s “Vacc to Normal” plan and other recent health guidelines. In particular, with the state having achieved a 55 percent vaccination threshold, Michigan OSHA has removed 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.”
The emergency rules are set to expire on October 14, 2021, unless rescinded sooner.
Other developments of note:
- Fully vaccinated employees need not wear face coverings or socially distance so long as employers have an effective policy to ensure non-vaccinated individuals continue to follow these requirements.
- Definitions have been updated to more clearly reflect changes in close contact and quarantining requirements for fully vaccinated employees.
- Cleaning requirements have been updated to reflect current CDC recommendations.
- Employers are required to develop and implement a written COVID-19 preparedness and response plan in accordance with the updated rules.