After months of pressure from NFIB and other business groups, Governor Whitmer relented and directed the Michigan Occupational Safety and Health Administration (MIOSHA) to withdraw their proposal to make the temporary emergency COVID rules permanent – extending past the end of the pandemic. MIOSHA has also filed updated COVID-19 emergency rules in accordance with the MI Vacc to Normal plan and recent CDC health guidelines and orders.

The permanent rules proposal would have continued an obvious and confusing contradiction between orders issued by the Michigan Department of Health and Human Services (MDHHS) and MIOSHA that were already creating confusion for small businesses trying to comply.

Efforts by NFIB, along with the tireless efforts of House and Senate leadership, have also paid off with an end to the governor’s unilateral orders and an agreement to include the legislature in any pandemic related future orders.

Here are links are to the full press release, the updated MIOSHA rules, and the 5-14-2021 MDHHS order.

To summarize: MIOSHA has updated the current emergency rules in effect until October 14 to reflect the recent order from MDHHS and guidance from the CDC. Those changes include: 

• 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.

It comes as no surprise that there is much confusion over these announcements and rapidly changing orders. NFIB is working to provide information as we receive it. Thank you for your patience!