Oakland County, Michigan Rescinds Emergency Order 2020-10 Requiring Screening and Social Interaction Measures at Open Businesses and Operations – State Requirements Now Govern

On Monday, June 1, 2020, Michigan’s Governor Gretchen Whitmer issued Executive Order 2020-110 (the “Order”) which rescinded the “Safer at Home” order established in Executive Order 2020-96. In response to the Order, Oakland County, Michigan rescinded Emergency Order 2020-10, which addressed how businesses should operate within Oakland County under the “Safer at Home” Order. As we discussed in our prior post, Oakland County, Michigan Issues Emergency Order 2020-10 Requiring Screening and Social Interaction Measures at Open Businesses and Operations, Oakland County’s Emergency Order 2020-10 specified how businesses should screen employees and address interactions with the public. In their decision to rescind Emergency Order 2020-10, Oakland County noted that “screening, social distancing, face coverings and additional public health strategies to protect the health of the [Oakland County] community are now addressed by Michigan Executive Orders and guidance provided by the Centers for Disease Control and Prevention (“CDC”).” As a result, Oakland County businesses should continue to follow the guidance provided by the State of Michigan and the CDC for operating their business and interacting with members of the public.

We noted in our recent post, Michigan Governor Whitmer Lifts Stay at Home Order Subject to Certain Restrictions – Updated June 1, 2020, the decision to rescind the Safer at Home order eases restrictions on citizens and businesses as the State of Michigan continues to see declines in COVID-19 cases and deaths. While in-person work which cannot be performed remotely is generally now permitted statewide, the Order requires that work capable of being performed from home to continue to be performed remotely. The Order also allows retailers to reopen on June 4 and restaurants to reopen on June 8, both subject to capacity limits, and notes that Michigan residents and businesses must continue to adhere to social distancing requirements as set forth in Executive Order 2020-97. Additionally, employers who resume activities must:

• Develop a COVID-19 preparedness plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration;
• Provide COVID-19 safety training and designate worksite supervisors;
• Conduct daily self-screening protocols;
• Provide face coverings and cleaning supplies to employees and require coverings to be worn when employees cannot consistently maintain six feet of separation;
• 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 CDC;
• Promote remote work to the fullest extent possible; and,
• Follow industry-specific workplace safety protocols set out in the Order.

For more information about recommended steps, please contact your Foley relationship partner. For additional web-based resources available to assist you in monitoring the spread of COVID-19 on a global basis, you may wish to visit the CDC and the World Health Organization.

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