On Thursday, October 29^th, the Michigan Department of Health and Human Services (MDHHS) issued additional rules for businesses to implement regarding safety protocols pertaining to masking and gathering. These rules were ostensibly focused on restaurants/bars, retail stores, libraries, museums, non-tribal casinos, sports organizations, concert venues, movie theatres, schools, and medical offices. They will impact businesses in other industries as well. Below are the applicable MDHHS Order changes of note.

Section 6(a) — With exceptions stated in Section 7, all persons participating in non–residential gatherings are required to wear a face mask.

Section 6(c) — A business, office, or other operation must prohibit gatherings of any kind unless the person requires individuals in such gatherings (including employees) to wear a face mask and denies entry or service to all persons refusing to wear face masks while gathered.

Section 7 — Exceptions include:

• Being under five years old outside a childcare setting

• Unable to medically tolerate a face mask

• Eating/drinking while seated at a food service establishment

• Exercising and maintaining six feet of distance

• Swimming

• Receiving a service for which removal of the face mask is necessary

• When asked to remove the face mask for identification purpose

• Communicating with someone who is deaf, deaf-blind, or hard of hearing who needs to see the mouth

• Involved in public safety

• Voting at a polling place

• Religious services

• Giving a speech for broadcast or to an audience at least six feet away

Section 8(d) — Upon request, a business must provide names and phone numbers of individuals with possible COVID–19 exposure to MDHHS and local health departments to aid in contact tracing and case investigation efforts.

Section 9(b) — Local health departments are authorized to carry out and enforce the DHHS order.

Section 9(c) — Law enforcement officers are authorized to carry out and enforce the DHHS order and coordinate as necessary with the appropriate regulatory entity to enforce the order within their jurisdiction.

Section 9(e) — Violation of the order is a misdemeanor punishable by six months in prison, a fine not more than $200, or both.

Click here for a copy of the entire updated MDHHS order.

Employers need to also, and more particularly, follow the MIOSHA Emergency rules put out October 14^th. These safety rules are specific to employers and their workplace.  If followed, these rules, in addition to protecting workers, will protect the employer from civil liability from employees that may contract COVID in the workplace by recognizing the exposure as covered by workers’ compensation insurance as a workplace illness.

Additional ASE Resources
Virtual Class: Workers’ Compensation Law – ASE has its Workers’ Compensation Law class scheduled for November 18, 2020; 9:00 a.m-3:00 p.m. This virtual course will not only educate participants on Michigan basic compensation law but will provide clarification on how to legally manage workplace illness claims during COVID-19. Register here.

Source: Michigan Manufacturing Association Policy Committee Memo. 10/31/2020