This has been a challenging year to say the least. COVID has drastically changed our lives both at home and work. Human resources professionals have had to pivot on a dime many times over the past nine months. One of those areas is in drug testing.

Last week, Pfizer announced it has a Coronavirus vaccine with a reported 90% efficacy. Shortly following, Moderna announced their vaccine has similar efficacy at 95%. Though they estimate March or April 2021 before it’s widely available, it is clear that the government will be encouraging everyone to vaccinate.

On Thursday, October 29th, 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...

Mental Health America (MHA) recently released data from its online screening tool showing that the number of people reporting signs of anxiety and depression since the start of the pandemic hit an all-time high in September. The new data accompanies the release of the annual State of Mental Health in America report, showing that nationwide, 19% (47.1 million) of people in the U.S. are living with a mental health condition, a 1.5 million increase over last year’s report.

On Thursday Governor Whitmer signed legislation that protects workers from employer discipline if they stay home because they have COVID-19 symptoms (PA 238). The legislation also grants immunity to businesses against lawsuits brought against them from independent contractors, customers, or guests who allegedly contract the virus from exposure at their place of business.

October 5^th the Michigan Department of Health and Human Services (DHHS) issued an emergency order addressing public gatherings and masking rules. On October 24^th, the Michigan Occupational Safety and Health Agency (MIOSHA) issued emergency rules addressing workplace safety. Both were issued to replace Governor Whitmer’s Executive Orders going back to March 2020.

A new study, Workplaces in Crisis: Employee Care Still Missing the Mark, was recently released by an employee experience software company, Limeade. The study revisits the Limeade 2020 Employee Care Report from March, comparing results from before the pandemic with today. The findings reveal how COVID-19 has impacted employee burnout, emotional health, overall well-being, and engagement – and how both managers and companies are falling short on showing employees they authentically care.

Mental health, modified school schedules, and more leave requests are some of employers' biggest challenges heading into the Fall. Many companies have made accommodations to make their business and their employees more resilient for what's ahead, according to new research from employee benefits provider Unum.

As reported a couple of weeks ago in EPTW, the fines and penalties for breach of employer safety obligations surrounding COVID contagion continues to ramp up. Late last week fines by MIOSHA against 19 more employers were announced. These fines amounted to over $50,000 for infractions including:

Reasonable suspicion drug testing can be a challenge for employers, especially with so many states making recreational marijuana legal. Whether you have a current drug testing program or if you are new to drug testing, make sure that you have a clear, documented policy on your drug testing program that includes reasonable suspicion procedures. If you are subject to federally regulated drug testing, make sure you follow the steps as required by the federal agency under which you are covered.

The CDC has posted information on limiting workplace violence related to retail and service businesses’ COVID-19 prevention policies. Based on a 1996 Current Intelligence Bulletin, threats and assaults can happen in any workplace, but may be more likely to occur in retail, services (e.g., restaurants), and other customer- or client-based businesses.

A new survey from FlexJobs and Mental Health America (MHA) reports that 75% of workers have experienced burnout, and 40% of those polled said it was a direct result of the Coronavirus pandemic.

In last week’s EPTW, we reported that MIOSHA had substantially fined a number of employers for failing to adequately protect employees from COVID exposure or infection. These fines were levied under MIOSHA’s general duty rule requiring employers to maintain a safe workplace.

The other shoe is dropping on employers fighting to re-open and bring employees back to work. Six Michigan employers were recently fined for violation of OSHA/MIOSHA’s general duty requirement to provide a safe workplace.

The short answer is yes.  The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Equal Employment Opportunity Commission (EEOC) both support this position.