NEW MDHHS order includes retail capacity limits, worker protections

Under a revised order issued today, the Michigan Department of Health and Human Services (MDHHS) set capacity limits for all retail locations except those in Region 6 at 50% total occupancy. The 50% total occupancy limits are based on occupancy limits established by the state or local fire marshal. This doubles the capacity previously allowed for retailers and does not impact retailers in the Region 6, which covers the Northern Lower Peninsula, who do not have any current capacity limits in place.

The order also now includes protections for workers including requiring a daily entry self-screening questionnaire that at minimum asks about possible symptoms and suspected or confirmed exposure to someone with COVID-19. The order also prohibits employees from gathering if people are not wearing face coverings and maintaining a minimum of six feet of distance from others. Employees who have been recommended or required to isolate or quarantine following symptoms or exposure to COVID-19 must not be present in a gathering at work until cleared to return by a public health worker or after 10 days since the first symptom appeared, the symptoms have improved and 24 hours have passed fever-free without the use of fever-reducing medications.

The state released two flyers to help identify the main restrictions, one with more detail on the various attendance and capacity restrictions and one that gives an overview of the requirements and the authority under which MDHHS can issue these new requirements. One of the flyers released with the order highlights that these rules do not include all prior worker protections, but MRA encourages members to consider keeping those in place until we know exactly how MIOSHA will seek to protect workers under the General Duty Clause.

The order takes effect immediately and remains in place until at least Oct. 30.