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Gov. Whitmer Issues Stay Home, Stay Safe Order

March 24, 2020

Michigan Gov. Gretchen Whitmer issued a temporary order for the state's residents to suspend activities that are not necessary to sustain or protect life.

As of 12:01 a.m., March 24, 2020, and subject to exceptions set forth in the order, all individuals living in Michigan must stay home and refrain from gathering in public or in private with people outside their household.

Individual activities excepted from the order are:

Individuals may also travel from outside of Michigan to return to a home or place of residence in Michigan, leave Michigan for a home or residence elsewhere, and travel between two residences in Michigan.

The order permits businesses and operations employing critical infrastructure workers to continue in-person operations but only after determining which workers are critical infrastructure workers and informing workers of that designation.

Critical infrastructure workers are those described by the Director of the U.S. Cybersecurity and Infrastructure Security Agency in guidance dated March 19, 2020, on the COVID-19 response. Such workers include some workers in each of the following sectors:

Click here for a link to the full guidance on designating “critical infrastructure workers.”

Critical infrastructure worker designations may be communicated verbally until March 31, 2020, at 11:59 p.m. All designations after March 31, 2020, must be communicated in writing – which may include an electronic message, website publication or “other appropriate means.”

Special work rules apply to employers of critical infrastructure workers. At a minimum, employers must restrict the number of workers present to the minimum necessary to perform critical infrastructure functions, keep workers and patrons on premises at least six feet apart, increase standards of facility cleaning and disinfection to limit exposure to COVID-19, and adopt policies preventing workers from entering the premises if they display respiratory symptoms or have had contact with a person who is known or suspected to have COVID-19.

The “Stay Home, Stay Safe” order will be in effect until 11:59 p.m., on April 13, 2020. It is intended to slow the spread of the novel coronavirus that causes COVID-19, a respiratory disease that can result in serious illness or death. Suppressing the spread of the virus is necessary to prevent the state's health care system from being overwhelmed, to allow time for the production of critical test kits, ventilators, and personal protective equipment, and to avoid needless deaths, it is reasonable and necessary to direct residents to remain at home or in their place of residence to the maximum extent feasible, according to Executive Order 2020-21, issued on March 23, 2020.

Miller Canfield attorneys are available to advise on how it may impact your business's operations. Please call your Miller Canfield attorney or a member of the firm's Coronavirus Response Team to discuss your concerns.

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