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New MI Executive Order Allows Outpatient Health Care Facilities To Resume Non-Essential Procedures Starting May 29

On Thursday, May 21 Gov. Whitmer rescinded Executive Order 2020-91, issued only three days prior, and released an amended order that now includes new provisions governing outpatient health care facilities. This latest order, Executive Order 2020-97 (Order), also makes some minor adjustments to the workplace safety rules announced earlier in the week.

The governor's latest announcement allows outpatient health care facilities, including doctor's offices, dental offices and veterinary clinics to resume non-essential procedures starting May 29, 2020. These offices must abide by a number of workplace safety protocols, and the Order does not provide an expiration date for the new safety measures.

The Order provides 15 workplace safety rules specific to health care facilities, including limiting waiting room occupancy, conducting a common screening protocol for all patients and adding special hours for patients highly vulnerable to severe illness from COVID-19. Facilities are also instructed to enable contactless sign-in as soon as practicable. Such facilities must also abide by the general business workplace safety rules set out in section one of the Order.

The new Order maintains the enhanced enforcement powers first revealed in Executive Order 2020-91. The State of Michigan now has two routes of enforcement it may pursue against employers who fail to follow the workplace safety rules enumerated in the Order. First, the workplace safety rules are given the force and effect of regulations adopted by the state agencies that oversee workplace health and safety. Such agencies are given full authority to enforce the rules, and any challenges to penalties must move through the agencies' administrative appeals process. Second, the Order states that violations of the workplace safety rules are also violations of the Michigan Occupational Health and Safety Act (MIOSHA). As a result, Michigan's Occupational Safety and Health Administration will have the authority to conduct investigations into violations, issue penalties and distribute cease operation orders.

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About this Author

David E. Khorey, Labor Employment Attorney, Varnum, Workplace Confidentiality Matters Lawyer
Partner

Dave’s “client-centered” practice involves a variety of labor and employment issues. He provides practical and confidential ongoing advice and consulting on a number of sensitive and complex labor and employment matters, from problem employee situations to multi-facility collective bargaining negotiations. His representative clients include diverse industries (such as automotive, printing, transportation and hospitals) throughout the nation.  

Dave has also served as chair of the firm.

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Zachary J. Meyer, corporate attorney, Varnum
Associate

Zachary Meyer is a member of the Corporate Practice Group and assists clients in matters of business law.  Zachary practices in the areas of corporate governance and structuring, mergers and acquisitions and regulatory compliance.  His focus is in the industries of healthcare, alternative energy, community banking and manufacturing.

616-336-6586
Ethan Beswick Business Attorney Varnum Law Firm
Associate

Ethan Beswick is an associate attorney with a business and corporate service practice and additional experience in tax, real estate and aircraft matters. He provides general business and transactional work and has experience in mergers and acquisitions, business transactions, financing, contracts, and day-to-day business issues.

Ethan also works regularly with business tax, international tax, and other tax related issues, and assists clients with real estate sales and acquisitions, commercial leasing matters, and real estate financing transactions.

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Ashleigh E. Draft Associate Grand Rapids Labor & Employment
Associate

Ashleigh is an associate attorney currently working with the labor and employment group. She also works with higher education clients and provides support on a variety of litigation matters.

Ashleigh’s experience includes serving as a legal extern for the Michigan Court of Appeals Research Division. She also clerked for Michigan Appeals Court Judge Jane Beckering. Prior to law school, Ashleigh served organizations in the higher education and nonprofit sectors in various development and communications roles. 

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