Michigan extends COVID business, office rules through Oct. 14

Beth LeBlanc
The Detroit News

The state of Michigan on Tuesday officially extended its COVID-19 emergency rules for businesses amid a seven-week increase in coronavirus cases in the state.

The new rules, which are largely similar to those currently in place, will be extended through Oct. 14, although state officials emphasized the standards could be adjusted within the six months based on case incidence, vaccination and feedback. 

“We want employers to create a safe work environment for their employees, which is why we will continue to work with employees and businesses to help them understand how to safely stay open," said COVID-19 Workplace Safety Director Sean Egan.

MIOSHA Logo

The emergency rules were first issued in October following a Michigan Supreme Court decision that overturned Gov. Gretchen Whitmer's emergency powers. The court struck down her use of a 1945 law and ruled she didn't follow the terms of a later emergency law.

The rules outline safety requirements for several industries including health care, restaurants, retail, construction and manufacturing. But most of the criticism regarding the rules has centered around a policy that requires employers to ban in-office work   where it is "feasible." 

MIOSHA has argued business groups have overstated the prohibition on in-office work and that employers who find it infeasible for their workers to work remotely can create a plan outlining why and which safety protocol they'll put in place.

"Employers can have those folks in the office without a problem," Egan said. 

The extension, confirmed by Whitmer Monday, was criticized by a coalition of chambers and business leaders. The Reopen Michigan Safely coalition argued the extension would keep offices closed for six months, "despite little evidence that carefully managed offices are sources of spread."

As a result, business viability, employee mental health and municipal income tax revenue would suffer, the coalition said. 

The agency noted more than 40 worker deaths due to COVID-19 have occurred since March 2020 and MIOSHA has received more than 12,000 complaints about alleged COVID-19 workplace hazards. 

Workplace outbreak data has reinforced the need for the rules extension, the agency said Tuesday. Between Sept. 3 and April 1, workplace outbreaks included 374 in retail, 250 in restaurants and bars, 670 in manufacturing and construction and 332 in office settings, according to data from the Michigan Department of Health and Human Services.

The state expects recommendations next week from a workgroup created to navigate safe ways for employers to transition employees back into the work place. Those recommendations likely will center around physical space restrictions in the office, human resources, employee supports and vaccinations. 

The state also submitted a draft of permanent COVID rules in case an extension of rules after October is needed, Egan said. State law only allows agencies to use emergency rules for 12 months before requiring permanent rules through the regular rule-making process.

"If we’re in a position where COVID is still a struggle and we need standards, we have to go through the rule-making process," said Egan. "We need to position ourselves to be prepared."

eleblanc@detroitnews.com