Governor Published Requirements for Reopening Plan Businesses Must Have Onsite 

Most media outlets focused on the reopening of restaurants and stores up north this weekend, allowing ten people or fewer to gather, and other businesses allowed to reopen by appointment. Still, there are parts of the most recent Executive Orders (E.O) that layout even more detail about what businesses must-have in a COVID-19 Preparedness and Response plan. The E.O. requires that employers designate a COVID-19 supervisor, details the necessary COVID-19 employee training, discusses health screening and safety requirements, among other previously existing conditions in prior orders. From E.O. 2020-91 - Safeguards to protect Michigan's workers from COVID-19 has the following criteria:
From the Executive Order:
All businesses or operations that are permitted to require their employees to leave the homes or residences for work under Executive Order 2020-97, and any order that follows it, must, at a minimum:
  • Develop a 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 and available here. By June 1, 2020, or within two weeks of resuming in-person activities, whichever is later, a business's or operation's plan must be made readily available to employees, labor unions, and customers, whether via website, internal network, or by hard copy
  • Designate one or more worksite supervisors to implement, monitor, and report on the COVID-19 control strategies developed under subsection (a). The supervisor must remain on-site at all times when employees are present on site. An on-site employee may be designated to perform the supervisory role.
  • (Section C - Must be recorded) Provide COVID-19 training to employees that covers, at a minimum:
    • Workplace infection-control practices
    • The proper use of personal protective equipment.
    • Steps the employee must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19.
    • How to report unsafe working conditions.
  • (Section D - Must be recorded) Conduct a daily entry self-screening protocol for all employees or contractors entering the workplace, including, at a minimum, a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19.
  • Keep everyone on the worksite premises at least six feet from one another to the maximum extent possible, including through the use of ground markings, signs, and physical barriers, as appropriate to the worksite.
  • Provide non-medical grade face coverings to their employees, with supplies of N95 masks and surgical masks reserved, for now, for health care professionals, first responders (e.g., police officers, fire fighters, paramedics), and other critical workers.
  • Require face coverings to be worn when employees cannot consistently maintain six feet of separation from other individuals in the workplace, and consider face shields when employees cannot consistently maintain three feet of separation from other individuals in the workplace.
  • Increase facility cleaning and disinfection to limit exposure to COVID-19, especially on high-touch surfaces (e.g., door handles), paying special attention to parts, products, and shared equipment (e.g., tools, machinery, vehicles).
  • Adopt protocols to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace.
  • Make cleaning supplies available to employees upon entry and at the worksite and provide time for employees to wash hands frequently or to use hand sanitizer.
  • (Section K - Must be documented) When an employee is identified with a confirmed case of COVID-19, within 24 hours, notify both:
    • The local public health department, and
    • Any co-workers, contractors, or suppliers who may have come into contact with the person with a confirmed case of COVID-19.
  • An employer will 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 Centers for Disease Control and Prevention ("CDC").
  • Follow Executive Order 2020-36, and any executive orders that follow it, that prohibit discharging, disciplining, or otherwise retaliating against employees who stay home or who leave work when they are at particular risk of infecting others with COVID-19.
  • Establish a response plan for dealing with a confirmed infection in the workplace, including protocols for sending employees home and for temporary closures of all or part of the worksite to allow for deep cleaning.
  • Restrict business-related travel for employees to essential travel only.
  • Encourage employees to use personal protective equipment and hand sanitizer on public transportation.
  • Promote remote work to the fullest extent possible.
  • Adopt any additional infection-control measures that are reasonable in light of the work performed at the worksite and the rate of infection in the surrounding community.
Link to Small Business of Michigan template: COVID-19 Prepared and Response Plan.
The E.O. ends with the following requirements and penalties for employers:
  • Employers must maintain a record of the requirements set forth in Sections 1(c), (d), and (k).
  • The rules described in sections 1 through 10 have the force and effect of regulations adopted by the departments and agencies with responsibility for overseeing compliance with workplace health-and-safety standards and are fully enforceable by such agencies. Any challenge to penalties imposed by a department or agency for violating any of the rules described in sections 1 through 10 of this order will proceed through the same administrative review process as any challenge to a penalty imposed by the department or agency for a violation of its rules.
  • Any business or operation that violates the rules in sections 1 through 10 has failed to provide a place of employment that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to an employee, within the meaning of the Michigan Occupational Safety and Health Act, MCL 408.1011.
Templates to Make the Task Easier of Creating the Required COVID-19 Preparedness and Response Plan
The Bodman Law Firm has provided The Michigan Chamber templates of Preparedness and Response Plans for businesses based on various risk categories. These templates were created a few weeks ago and will need updating, given the newest Executive Order. Here is the link to the templates: 
The templates should be tailored to the employer's particular risk level, maintained, and implemented.  These templates are for information purposes only and not to provide legal advice.  You should contact legal counsel to obtain advice concerning your individual workplace.   
Guidance on Preparing Workplaces to Prevent the spread of COVID-19-OSHA
The Governor's Executive Order refers to following the OHSA guidelines for preparing workplaces to prevent the Spread of COVID-19. Here is a link to the OSHA guidelines:  
Poster You Must Display to Inform Employees of their Rights Under the Families First Coronavirus Response Act  
Along with other employment notices businesses must display, there is now a poster explaining the worker's rights to paid sick leave and expanded Medical leave under the Families First Coronavirus Act. You can download the poster from the Department of Labor here: 
Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, and Businesses
The following provides a helpful guide for properly cleaning facilities each day during the pandemic: