October 2021

State Updates

 

Michigan adopts emergency COVID-19 safety rules for employers

12/3/20

Author: ADP Admin/Tuesday, December 1, 2020/Categories: Compliance Corner , State Compliance Update, Michigan

The Michigan Occupational Safety and Health Administration (MIOSHA) has adopted an emergency rule requiring employers to take certain steps related to COVID-19. The emergency rule is effective immediately.

Exposure Determination:

Employers must evaluate routine and reasonably anticipated tasks and procedures to determine whether there is actual or reasonably anticipated exposure to COVID-19. Employers must categorize job tasks and procedures into specified risk categories.

Preparedness and Response Plan:

Employers must develop and implement a written COVID-19 preparedness and response plan that is consistent with the current federal Centers for Disease Control and Prevention (CDC) guidance and recommendations in "Guidance on Preparing Workplaces for COVID-19" from the U.S. Department of Labor. The plan must include the employee exposure determination and the measures the employer will implement to prevent employee exposure, including any:

  • Engineering controls;
  • Administrative controls;
  • Basic infection prevention measures;
  • Personal protective equipment (PPE);
  • Health surveillance; and
  • Training.

The employer must make the plan readily available to all employees and their representatives, whether via the employer's website, internal network, or hard copy.

Basic Prevention Measures:

Employers must:

  • Promote hand washing. Promote frequent and thorough hand washing, including by providing employees, customers, and visitors with a place to wash their hands. If soap and running water aren't immediately available, employers must provide antiseptic hand sanitizers or alcohol-based hand towelettes containing at least 60 percent alcohol;
  • Require sick employees stay home. Require employees who are sick to stay away from work or work in an isolated location;
  • Prohibit sharing equipment. Prohibit workers from using co-workers' phones, desks, offices, or other work tools and equipment, when possible;
  • Increase cleaning. Increase facility cleaning and disinfection to limit exposure to COVID-19, especially on high-touch surfaces (e.g., door handles);
  • Develop disinfection protocols. Establish procedures for disinfection in accordance with CDC guidance if it is suspected or confirmed that an employee, visitor, or customer has a known case of COVID-19;
  • Use proper disinfectants. Use EPA-approved disinfectants that are expected to be effective against COVID-19 and follow the manufacturer's instructions for use, such as concentration, application method, and contact time; and
  • Allow remote work. Create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely.

Health Surveillance:

Employers must:

  • Conduct daily self-screening. This is required for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms and suspected or confirmed exposure to people with COVID-19 and, if possible, a temperature screening;
  • Require symptom reporting. Direct employees to promptly report any signs and symptoms of COVID-19 to the employer before or during the work shift; and
  • Isolate. Physically isolate any employees known or suspected to have COVID-19 from the remainder of the workforce.

Known or suspected cases:

When an employer learns that an employee, visitor, or customer has COVID-19, the employer must:

  • Immediately notify the local public health department; and
  • Within 24 hours of learning of the case, the employer must also notify any co-workers, contractors, or suppliers who may have come into contact with the person with COVID-19.

The employer must allow employees with a known or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the latest guidelines from the CDC and they are released from any quarantine or isolation order by the local public health department.

Workplace Controls:

Employers must:

  • Designate a safety coordinator(s). The safety coordinator(s) must implement, monitor, and report on the COVID-19 control strategies developed under these rules and must remain on-site at all times when employees are present;
  • Display health and safety posters. The posters must encourage staying away from the workplace when sick, cough and sneeze etiquette, and proper hand hygiene practices;
  • Ensure social distancing. Keep everyone on the worksite premises at least six feet from one another to the maximum extent possible. To reduce congestion, use ground markings, signs, and physical barriers, as appropriate to the worksite;
  • Provide face covering. Provide non-medical grade face coverings to employees at no cost to the employee;
  • Require employees wear face coverings. Require that face coverings be worn when employees can't consistently maintain six feet of separation from other individuals in the workplace. Face coverings are also required in shared spaces, including during in-person meetings and in restrooms and hallways; and
  • Consider face shields. Consider face shields when employees can't consistently maintain three feet of separation from other individuals in the workplace.

Personal Protective Equipment:

Employers must:

  • Provide PPE. Provide employees with the types of PPE for protection from COVID-19 appropriate to the exposure risk associated with the job, including respirators if necessary;
  • Follow government guidance. Follow current CDC and OSHA guidance for PPE; and
  • Ensure proper use. Ensure that the PPE is properly fitted and worn, used consistently, regularly inspected, maintained, and replaced, as necessary, and properly removed, cleaned, and stored or disposed of to avoid contamination of self, others, or the work environment.

Training:

Employers must provide training to employees on COVID-19. Any communications and training on COVID-19 must be provided in the primary languages common in the workplace.

The training must cover:

  • Workplace infection control practices;
  • The proper use of PPE;
  • Steps the employees must take to notify the business of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19; and
  • How to report unsafe working conditions.

Employers must provide updated training if the employer changes its preparedness and response plan or new information becomes available about the transmission or diagnosis of COVID-19.

Recordkeeping Requirements:

Employers must maintain records of all the following for at least one year:

  • Training;
  • Screening protocols;
  • A record of screening for each employee or visitor entering the workplace; and
  • Notices provided to local health departments and those who may have come into contact with an infected person.

Industry-Specific Requirements:

The rule includes industry-specific requirements. For details, see the text of the rule.

Compliance Recommendations:

Michigan employers should read the rule in full and implement appropriate workplace measures to ensure compliance. Please contact your dedicated service professional with any questions.

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Tags: 12/3/20

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