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MIOSHA Withdraws Proposed COVID-19 Permanent Rules/Revises Emergency Rules

There has been a great deal of confusion over the past couple weeks regarding the Michigan Occupational Safety and Health Administration (MIOSHA) rules related to COVID-19. As you may have seen, MIOSHA recently proposed to make these emergency rules permanent – despite the evolving guidance from the Centers for Disease Control (CDC) and Michigan Department of Health and Human Services (MDHHS). Last week, however, Governor Whitmer and legislative leaders announced an agreement on budget negotiations and federal pandemic support funds. Within this agreement was a withdrawal of the proposal to make the current MIOSHA COVID-19 emergency rules permanent.

Yesterday, MIOSHA released a revised set of emergency rules which reflect the updated order from MDHHS and guidance from the CDC. MIOSHA has removed the requirement that employers create a, “Policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely.” Of significance to the home building industry, the new rules eliminate construction industry-specific requirements.

The revised rules include the following:

  • Employers may allow fully vaccinated employees to not wear face coverings and social distance provided they have a policy deemed effective to ensure non-vaccinated individuals continue to follow these requirements.
  • The rules have been reformed focusing on performance, eliminating industry-specific requirements. Definitions have been updated to more clearly reflect changes in close contact and quarantining requirements for fully vaccinated employees.
  • Cleaning requirements have been updated to reflect changes in CDC recommendations.
  • Employers should continue to have and implement a written COVID-19 preparedness and response plan in accordance with the updated rules.

The revised rules take immediate effect and are in place until October 14, 2021.

A full copy of the new rule can be found here: COVID-19 WORKPLACE SAFETY GUIDANCE (michigan.gov)

Forrest M. Wall, CAE
Vice President – Government Affairs & Industry Relations
Home Builders Association of SE Michigan/Apartment Association of Michigan
30400 Telegraph Road, Ste. 202
Bingham Farms, MI 48025
Ph: 248-862-1004
forrestw@builders.org