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MIOSHA Extends COVID-19 Workplace Emergency Rules For Another Six Months

April 15, 2021

On April 10, 2021, Governor Gretchen Whitmer signed a Certificate of Need extending the Emergency Rules regarding COVID-19 issued by the Michigan Occupational Safety and Health Administration (MIOSHA) on October 14, 2020. The Emergency Rules establish requirements for employers to control, prevent and mitigate the spread of COVID-19.

The Emergency Rules were set to expire on April 14, 2021. Under this Certificate, the Emergency Rules will now remain in place until October 14, 2021, unless terminated or modified sooner by MIOSHA. Under Michigan law, emergency rules can only be extended once for six months. See MCL 24.248. After that, MIOSHA will have to engage in the formal rulemaking process authorized by the Administrative Procedures Act in order to permanently maintain the Emergency Rules. On March 19, 2021, MIOSHA initiated the process of formal rulemaking to preserve the Emergency Rules by submitting a Request for Rulemaking to the Michigan Office of Administrative Hearings and Rules. MIOSHA has also established a standards advisory committee to work alongside the agency in preparing a draft rule. To date, a formal rule has yet to be introduced for comments.

The Certificate also extends all of the Emergency Rules as issued on October 14, 2020. This means that the Emergency Rules do not currently reflect updated guidance from the CDC or address vaccinated workers. Therefore, employers should stay the course and maintain their current COVID-19 policies and practices in the workplace until further guidance is issued.

As a reminder, under the Emergency Rules, employers are required to:

If you have questions about these new developments, please contact your Miller Canfield attorney or the authors of this alert.

This information is based on the facts and guidance available at the time of publication and may be subject to change.