Under one of Governor Whitmer’s most recent executive orders, Executive Order 2020-77, the Governor has established clear requirements for Michigan businesses to begin operations. Sections 1-10 describe the type of businesses and workers that may begin operations, while Section 11 describes the steps that businesses must take in order to open and remain open for in-person work.
The full text of the executive order can be found here: https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-528460–,00.html
The first requirement is that all businesses must develop a written COVID-19 preparedness and response plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration (OSHA).
A copy of this plan must be available at company headquarters or the worksite. The company must also designate a site supervisor to monitor and oversee the implementation of the company’s COVID-19 control strategies.
In its publication, OSHA highlights the four most effective Workplace Controls that should be included in every business’ COVID-19 preparedness and response plan. In order of effectiveness, these are 1. Engineering Controls, 2. Administrative Controls, 3. Safe Work Practices, and 4. Personal Protective Equipment (PPE).
Engineering Controls:
OSHA describes Engineering Controls as the most effective types of measures to take as they do not rely on worker behavior. These controls are entirely controlled by the business and can include replacing air filters with high efficiency air filters, increasing ventilation in worksites, installing physical barriers where appropriate, and if possible, installing drive-through services.
Administrative Controls:
Administrative Controls are the next most effective types of measures and these can be accomplished with changes in company policy and procedure to reduce exposure. This can include encouraging sick workers to stay home; minimizing contact among workers, clients, and customers; reducing the number of employees in the facility at a given time; discontinuing nonessential travel; developing emergency communications plans to keep workers informed; and training workers to properly use protective clothing and equipment.
Safe Work Practices:
Where exposure cannot be eliminated, Safe Work Practices seek to reduce the duration, frequency, and intensity of that exposure. These include providing resources for personal hygiene (tissues, no touch trash cans, hand soap, etc.), requiring regular hand washing, and posting handwashing signs in restrooms.
Personal Protective Equipment (PPE):
Lastly, PPE providers workers with additional protection for each individual. This includes providing gloves, face masks, face shields, etc. when appropriate. When providing workers with PPE, it is important that the PPE provided is appropriate for the given task, is properly fitted, and is regularly inspected, replaced as needed, and properly disposed of when replaced.
OSHA provides more detailed recommendations for different levels of risk (very high to low) as it pertains to your business at: https://www.osha.gov/Publications/OSHA3990.pdf
You should prepare a written a response plan prior to re-opening your business, consulting with your attorney about the contents.
