MIOSHA announced today that it has extended its Emergency Rules on Coronavirus Disease 2019 (COVID‑19) (“Emergency Rules”). Initially, the Emergency Rules were scheduled to expire today, April 14, 2021. As a result of the extension, however, the Emergency Rules will now remain in effect until October 14, 2021, at the latest. Notably, MIOSHA extended the Emergency Rules without any modifications. This means that for now, Michigan employers are required to continue:
It’s important to mention, however, that in its press release today, MIOSHA noted that the Emergency Rules can be modified or withdrawn at any time in response to changes in COVID‑19 spread.
Although the Emergency Rules remain unchanged for now, yesterday MIOSHA released a draft proposal of permanent rules that will establish requirements to mitigate and control the spread of COVID‑19 in the workplace (“Proposed Rules”). The Proposed Rules are the result of a Standard Advisory Committee that has met regularly over the past month. The Proposed Rules modify the Emergency Rules in a number of ways, which include the following:
The Proposed Rules have quite some time before they have the force of law. Absent exigent circumstances, the Michigan Occupational Safety and Health Act requires MIOSHA to comply with Michigan’s Administrative Procedures Act of 1969 (“APA”) to promulgate a safety and health standard. The APA requires agencies such as MIOSHA to follow various time-extensive steps through the rulemaking process, which includes, without limitation, holding a public hearing and offering interested parties the opportunity to offer their comments on a proposed rule. Warner’s Labor and Employment Practice Group is monitoring MIOSHA’s rulemaking process concerning the Proposed Rules as new information becomes available. In the meantime, if you have questions about the Emergency Rules, the Proposed Rules or any other issue involving COVID‑19 as it relates to your operations, please contact any member of Warner’s Labor and Employment Practice Group.
