Key Takeaways from Workplace Safety Conversation for Employers  

Our notes from Emergency Q&A Session with Sean Egan, Workplace Safety Director with the State of Michigan
     
Note: During this presentation, Sean referenced a State Emphasis Program which will include random checks/enforcement on compliance in office spaces in particular. Some additional information on the LEO announcement is included below my notes.
 
Goal: The Michigan Department of Labor and Economic opportunity’s goal is to get open and stay open
 
Current situation

• There are 210 workplace outbreaks of COVID-19 as of today (11/16/2020)
  • 63 associated with manufacturing/construction
  • 31 associated with office space
• 93 new outbreaks have been identified in the last week
  • 28 associated with manufacturing/construction
  • 21 associated with restaurants/bars
  • 19 associated with retail
  • 17 associated with social gatherings
  • 9 associated with office settings
• Overall positivity rate in State of Michigan is 12.8% (indicating strong community spread)
• 40% of those who test positive for COVID-19 are asymptomatic
• Masks and social distancing combined can reduce risk of spread of COVID-19 by 70%

 
Emergency Rules and DHHS Epidemic Orders

• MIOSHA rules effective Oct. 14 will remain relatively static over next several months
• MDHHS orders will likely change as needed over coming months

 
MIOSHA State Emphasis Program Launched (11/12/2020)

• Proactive enforcement of COVID-19 Emergency Rules
• Includes randomly selected inspections of office spaces (this include office areas in a various types of facilities including manufacturing, etc.)
• Compliance must haves:
  • Preparedness and response plan
  • Daily health screenings
  • Training
  • Record keeping
  • Compliance with rules
  • Good faith effort
  • Remote work policy

 
Remote Work Policy

• Every employer shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely
• This should be a written policy that indicates that employees are not to perform in-person work activities if able to work remotely
• Employers are obligated to demonstrate infeasibility of remote work if requiring/allowing employees to work onsite
• Policy should include in the remote work determination information which covers at least:
  • Which positions/classifications report for in-person work and why they must be there
  • Reasons why that work cannot be performed remotely, must include enough specificity to show analysis has been performed
• Policy should be part of Preparedness and Response Plan

 
Resources:

• MIOSHA Hotline: 855-SAFE-C19 (855-723-3219) – specifically related for COIVD-19 related concerns/questions
• Mask Up: Michigan.gov/maskup
• Symptom Checking: Misymptomapp.state.mi.us
• PPE: Michiganbusiness.org/ppe
• COVID Exposure Alerts: Michigan.gov/micovidalert
• Workplace Safety: Michigan.gov/covidworkplacesafety

 
Key Takeaways

• Employers must require employees to work remotely to the fullest extent possible. 
• Employers must have a written policy explaining who can work on site, who cannot work on site AND why
• Remote work rules apply to employees at ALL workplaces including schools, office buildings, manufacturing facilities, etc.
• MIOSHA will be proactively enforcing remote work through random inspections of office workplaces
• Employers are encouraged to contact MIOSHA at 855-SAFE-C19 (855-723-3219) if they have any questions at all regarding COVID-19 related safety requirements