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Volume XI, Number 217

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MIOSHA Emergency Workplace Rules Generally No Longer in Effect

On June 22, 2021, The Michigan Occupational Safety and Health Administration posted a new set of Emergency Rules on the Department of Labor and Economic Opportunity's COVID-19 Workplace Safety Guidance website. These emergency rules, which "supersede the entirety of the emergency rules filed on May 24, 2021," remove all previous requirements to identify and control COVID-19 hazards in the general workplace. It is no longer necessary for most employers to implement a COVID-19 preparedness and response plan with engineering and administrative controls, basic infection prevention measures (including requiring face coverings and social distancing for unvaccinated workers), daily employee screening, training, and record-keeping. For health care workplaces, however, the newest version of MIOSHA emergency rules adopted the recently issued COVID-19 Emergency Temporary Standard to protect workers in those settings where people with COVID-19 are expected to be present.

Employers still have a general duty under the Michigan Occupational Safety and Health Act to provide a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical harm to the employee. MIOSHA has indicated that while there are no longer specific workplace requirements, workplaces are strongly encouraged to follow the available CDC and OSHA recommendations to mitigate workplace hazards related to COVID-19. 

© 2021 Miller, Canfield, Paddock and Stone PLC National Law Review, Volume XI, Number 173
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About this Author

Nhan Ho Employment Lawyer Miller Canfield Law Firm
Associate

Nhan Ho's practice concentrates on employment discrimination, leave rights, and wage and hour litigation and disputes. She regularly counsels employers on their policies and practices to address specific challenges in the workplace. Nhan was previously an intern for the U.S. District Court for the Eastern District of Michigan. 

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    Leigh M. Schultz Attorney Labor and Employment Lawyer Miller Canfield
    Principal

    Leigh focuses her practice on labor and employment consultation and litigation.

    She provides both public and private sector employers of all shapes and sizes, and in a variety of industries, with advice and counsel on day-to-day employment- and labor-related issues. In addition to acting as a risk manager and ensuring clients' compliance with employment and labor laws, Leigh regularly defends employers against lawsuits and administrative charges filed with the Equal Employment Opportunity Commission (EEOC) and state civil rights agencies by current, former and...

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