Michigan Finally Addresses Pandemic Rule Contradiction

Date: May 19, 2021

NFIB continues to oppose MIOSHA permanent COVID workplace rules.

This week, the Michigan Occupational Health and Safety Administration (MIOSHA) finally addressed the inconsistency between the Michigan Department of Health and Human Services orders (MDHHS Epidemic Order) issued on Friday, May 14, 2021 and current MIOSHA rules that apply to employers. See related story HERE


Here’s what’s important: the newest epidemic order from MDHHS does NOT lift capacity restrictions and other safety measures, including social distancing, that have been in place – it only addresses mask requirements.


The new MIOHSA guidance summarized below is located on the MIOSHA website and can be found HERE.   This statement comes on the heels of an almost identical statement issued from Federal OSHA.


The continued lack of coordination and confusion from the executive office with MDHHS and MIOSHA rules and orders has been a source of continuing frustration for the employer community in trying to decipher what rules are in effect when and for who.

“MIOSHA is in the process of reviewing both the emergency rules and draft permanent rules. The agency has the flexibility it needs to ensure consistency with public health guidelines and will continue to protect Michigan workers as we work toward ending this pandemic.

MIOSHA will soon post updated workplace rules reflecting the CDC’s recent guidance on face masks for fully vaccinated people. Until then, MIOSHA will consider compliance with the MDHHS order as good faith to comply when responding to employee complaints or conducting investigations related to COVID-19.”

NFIB continues to monitor the situation and will remain vigilant in our fight against permanent COVID workplace rules.

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