On June 5, 2020, Michigan Governor Gretchen Whitmer signed Executive Order 2020-114 (“Order”), rescinding and replacing Executive Order 2020-97, which established workplace safeguards to protect employees from COVID‑19. In addition to restating the previously ordered workplace requirements of Executive Order 2020-91, summarized here, and the amended workplace requirements of Executive Order 2020-97, summarized here, the Order requires employers in the in-home service, personal care, sports and entertainment, and fitness industries to implement specific safeguards to protect their employees from COVID‑19.
In addition, the Order mandates that all employers now may only allow employees with a confirmed or suspected case of COVID‑19 to return to work once the employee is released from any quarantine or isolation by the local public health department. This requirement is in addition to the employee meeting the latest CDC guidelines deeming them no longer infectious.
The Order also requires that employers notify the local public health department immediately when an employee is identified with a confirmed case of COVID‑19 (rather than within 24 hours, as previously required). Failure to abide by the Order can result in a civil penalty issued by the Michigan Occupational Safety and Health Administration (MiOSHA). The amount of the civil penalty issued by MiOSHA varies depending upon the seriousness and the willfulness of the violation.
Warner’s Labor and Employment Group has been carefully monitoring these developments and requirements and can assist you in creating the appropriate plan for your business. Please contact Dean Pacific or your Warner attorney for assistance.
