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Oakland County, Michigan Rescinds Emergency Order 2020-10 Requiring Screening and Social Interaction Measures at Open Businesses and Operations – State Requirements Now Govern

On Monday, June 1, 2020, Michigan’s Governor Gretchen Whitmer issued Executive Order 2020-110 (the “Order”) which rescinded the “Safer at Home” order established in Executive Order 2020-96. In response to the Order, Oakland County, Michigan rescinded Emergency Order 2020-10, which addressed how businesses should operate within Oakland County under the “Safer at Home” Order. As we discussed in our prior postOakland County, Michigan Issues Emergency Order 2020-10 Requiring Screening and Social Interaction Measures at Open Businesses and Operations, Oakland County’s Emergency Order 2020-10 specified how businesses should screen employees and address interactions with the public. In their decision to rescind Emergency Order 2020-10, Oakland County noted that “screening, social distancing, face coverings and additional public health strategies to protect the health of the [Oakland County] community are now addressed by Michigan Executive Orders and guidance provided by the Centers for Disease Control and Prevention (“CDC”).” As a result, Oakland County businesses should continue to follow the guidance provided by the State of Michigan and the CDC for operating their business and interacting with members of the public. 

We noted in our recent postMichigan Governor Whitmer Lifts Stay at Home Order Subject to Certain Restrictions – Updated June 1, 2020, the decision to rescind the Safer at Home order eases restrictions on citizens and businesses as the State of Michigan continues to see declines in COVID-19 cases and deaths. While in-person work which cannot be performed remotely is generally now permitted statewide, the Order requires that work capable of being performed from home to continue to be performed remotely. The Order also allows retailers to reopen on June 4 and restaurants to reopen on June 8, both subject to capacity limits, and notes that Michigan residents and businesses must continue to adhere to social distancing requirements as set forth in Executive Order 2020-97. Additionally, employers who resume activities must: 

  • Develop a COVID-19 preparedness plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration; 

  • Provide COVID-19 safety training and designate worksite supervisors; 

  • Conduct daily self-screening protocols; 

  • Provide face coverings and cleaning supplies to employees and require coverings to be worn when employees cannot consistently maintain six feet of separation; 

  • Allow employees with a confirmed or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the latest guidelines from the CDC; 

  • Promote remote work to the fullest extent possible; and, 

  • Follow industry-specific workplace safety protocols set out in the Order.

© 2021 Foley & Lardner LLPNational Law Review, Volume X, Number 156

About this Author

Felicia S. O'Connor, Foley Lardner, Automotive Industry Lawyer, Labor Attorney

Felicia O’Connor is an associate and litigation lawyer with Foley & Lardner LLP. She is a member of the Labor & Employment Practice and the Automotive Industry Team. Previously, Ms. O’Connor worked as a summer associate in Foley’s Detroit Office. She has also served as a law clerk for Oakland City Attorney’s Office, where she conducted research and prepared memoranda on a range of municipal law topics.

Christopher R. Boll, Foley Lardner, Transactional Lawyer, Securities Attorney

Christopher R. Boll is an associate with Foley & Lardner LLP, and a member of the Transactional & Securities Practice.

During law school, Mr. Boll interned with GE Capital and received the Henry Hubschman Fellowship at GE Capital Aviation Services. Before pursuing a legal career, Mr. Boll was an investment banking associate with Falls River Group, LLC, and IMAP, Inc., where he advised and consulted on joint ventures, acquisitions, mergers, and other strategic ventures in various industries and stages of corporate lifecycles. While...

Ann Marie Uetz Foley Lardner Debtor Representation Bankruptcy Lawyer Foley Lardner Detroit

Ann Marie Uetz is a partner and trial attorney with Foley & Lardner LLP, where she represents clients in a variety of industries in all aspects of their contracts and business disputes. She also represents debtors, creditors and secured and unsecured lenders in all facets of restructuring. Ms. Uetz focuses her practice on business litigation and bankruptcy, two of Foley’s practice areas recently ranked by U.S. News—Best Lawyers® as “national First-Tier” practices in recognition of excellence in client service.

Ann Marie heads Foley’s Coronavirus Task Force and...