MIOSHA: COVID-19 Safety Regulations Not Impacted by Supreme Court Decision

Print Friendly and PDF

Employers must continue to comply with current workforce safety guidance published by MIOSHA. Its enforcement related to COVID-19 is not impacted by the recent Michigan Supreme Court ruling that deemed the Governor exceeded her authority in extending states of emergency declarations after April 30.

MIOSHA’s authority to conduct investigations and enforce workplace safety protections arises from statute.  The state legislature tasked the agency with ensuring that employees are provided safe work environments that are free of recognized hazards. MIOSHA is continuing to operate within its statutory authority to protect Michigan’s workers and keep workplaces safe, including issues related to COVID-19.

The message to employers during these confusing times remains simple: Keep enforcing health and safety guidelines in the wake of the Court’s ruling. Labor and employment attorneys from Miller Canfield echoed that message at the Chamber’s Oct. 8 virtual Town Hall breaking down the ramifications of the ruling. View the full conversation and read a summary.

The reality is businesses still have legal obligations and are required by MIOSHA and other agencies to keep their employees safe. As it relates to COVID-19, employers must continue to comply with current workplace safety guidance published by the Centers for Disease Control and Prevention (CDC), OSHA, and other applicable public health guidance. The guidelines, found at Michigan.gov/COVIDworkplacesafety, include mitigation strategies and protections provided in CDC guidance for businesses and employers, and OSHA guidance on preparing workplaces for COVID-19.

Many of the COVID-19 workplace protections and mitigation strategies required in the Governor’s executive orders largely mirrored CDC workplace guidance as well as the OSHA guidance on preparing workplaces for COVID-19.

Among these strategies are having a preparedness and response plan, conducting daily health screenings, ensuring social distancing, providing cloth face coverings, providing PPE, the use of engineering (e.g., physical barriers), and other administrative controls, as well as record keeping.

For the latest COVID-19 news, visit the Chamber’s COVID-19 Business Restart Center.


Back to COVID-19 Business Resources