Governor Whitmer Signs Executive Order Creating New Workplace Regulations

Today, May 18th, Governor Gretchen Whitmer signed Executive Order 2020-91. The order establishs new requirements for employers that are permitted to conduct in-person operations. Additionally, the Governor has signed Executive Directive 2020-06, to appoint a Director of COVID-19 Workplace Safety within the Department of Labor and Economic Opportunity (LEO). 

Under Executive Order 2020-91, businesses that resume in-person work must, among other things, 

  • Develop a COVID-19 preparedness and response plan consistent with OSHA guidance and by June 1st or within two weeks of resuming in-person activities, make that plan readily available to employees, labor unions and customers whether via website, internal network, or by hard copy.
  • Designate one or more worksite supervisors to implement, monitor and report on COVID-19 control strategies. A designated supervisor must remain on-site at all times when employees are present.
  • Notify the local public health department of an employee identified with a confirmed case of COVID-19 within 24 hours, as well as any co-workers, contractors or suppliers who may have come into contact with that person.
  • Establish a response plan for dealing with a confirmed infection in the workplace.
  • Maintain a record of required employee training, daily entry self-screening and handling of confirmed employee cases of COVID-19.

Businesses must also provide COVID-19 training to workers that covers, at a minimum, workplace infection-control practices, the proper use of PPE, steps workers must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19, and how to report unsafe working conditions.  

Under Executive Directive 2020-6, all departments and agencies with responsibility for enforcing workplace health and safety standards to enforce the requirements of Executive Order 2020-91 and to coordinate with the new Director of COVID-19 Workplace Safety. 

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