ON JUNE 22, 2021, the Michigan Occupational Safety and Health Administration (MIOSHA) rescinded and replaced its COVID-19 Emergency Rules. The revised Emergency Rules align Michigan with Federal OSHA’s Emergency Temporary Standard (ETS) specific to health care settings. The updated rules, which now only impact health care settings versus all employers, are effective today and set to expire on Dec. 22, 2021.
NEW COVID-19 RESTRICTIONS ANNOUNCED – On November 15, 2020, Governor Gretchen Whitmer and Department of Health and Human Services (DHHS) Director Robert Gordon announced a new DHHS Emergency Order that imposes updated restrictions across the State of Michigan as COVID-19 cases skyrocket and hospitalizations are increasing. See the below infographic that lays out what is open and not open under the “pause to save lives”. As you can see, in reference to the construction industry and most MCA members, they are not part of this order and operating under the MIOSHA October 14th, 2020 Emergency Rules as noted below.
Please click here to view the whole order.
MIOSHA and the Michigan Labor and Economic Opportunity Department also hosted a virtual event regarding the new rules.
Sean Egan, Michigan Director of COVID-19 Workplace Safety answered questions related to the remote work policies, state expectations and worker’s health and safety requirements.
The video recording of the event will be available on the their YouTube Channel.
For more information about MIOSHA’s safety and health guidelines to protect Michigan’s workforce during the pandemic, visit Michigan.gov/COVIDWorkplaceSafety.
The Michigan Occupational Safety and Health Administration (MIOSHA) within the Michigan Dept. of Labor and Economic Opportunity (LEO) is one of the first state OSHA programs to promulgate rules which clarify the safety requirements employers must follow to protect their employees from COVID-19.
A set of online resources at Michigan.gov/COVIDWorkplaceSafety provides businesses with the guidelines they and their employees must follow and includes a sample COVID-19 preparedness and response plan and a reopening checklist to help businesses put safeguards in place. Businesses can also find posters for employees and customers, factsheets and educational videos.
To enhance MIOSHA’s consultative services, the newly launched MIOSHA Ambassador Program will send safety and health experts to businesses statewide now to offer education and support, with a focus on workplaces with a higher risk of community transmission. To request consultation, education and training services, call 517-284-7720 or online at MIOSHA Request for Consultative Assistance.
For more information about MIOSHA’s safety and health guidelines to protect Michigan’s workforce during the pandemic, visit Michigan.gov/COVIDWorkplaceSafety. Employers and employees with questions regarding workplace safety and health may contact MIOSHA using the new hotline at 855-SAFE-C19 (855-723-3219).
The MCA has set up this page to keep our members updated on COVID 19 issues that may impact our member companies. Please see below for information regarding our Certification Program, MDOT Construction Guidance, Industry Best Practices, HR Guidance as it related to COVID 19, The Families First Act, Unemployment, The Payroll Protection Program and FAQ's related to construction from the Stay At Home, Stay Safe Executive Order. We will continue to update this page as new information becomes available.
FHWA approved the MDOT/MCA Request to extend certification expirations.
The following industry certifications which expire in 2020 will be extended to expire on December 31, 2020.
MCA intends to continue with the 2020 training schedule when possible. The class schedule may be extended if needed to meet the demand. MCA will also be offering re-certification classes in December.
Michigan Department of Transportation
COVID-19 Construction Contract Administration Guidance - April 1, 2020
The Michigan Concrete Association along with other Michigan Industry Associations Compiled the COVID-19 Recommended Best Practices for Highway Construction Worksites.
As our members work to keep Michigan’s essential road and bridge infrastructure projects moving forward, ensuring employee health and safety is vital. The following best practices are provided as a resource. Consult your company’s legal, safety, insurance, labor and HR teams to determine the appropriate practice for your operations.
The MCA works with Muchmore, Harrington, Smalley and Associates on legislative issues.
They have put together a great .pdf summarizing the CARES Act. Click the link to download the .pdf.
Download CARES ACT Summary PDF
The MCA works with Human Resources Management Services as our HR firm.
They also have a great resources page to refer to:
SBAM (Small Business Association of MI) Resources Page has created a fantastic Resource Page with information regarding the Families First Act, Unemployment, Loan & Loan Funding options, etc. Click the link below to view their resources.
The U.S. Small Business Administration has also released the below documents for the Economic Disaster Loans & Relief
The Paycheck Protection Program is designed to provide a direct incentive for small businesses to keep their workers on payroll by providing each small business a loan up to $10 million for payroll and certain other expenses. Click link below to download summary.
BELOW is a detailed summary of the Payroll Protection Program ("PPP"), as well as details on all of the federal COVID-19 assistance programs, but here are the main items to understand:
Late last night (4/7/20), The US Treasury Department released additional FAQ guidance for small businesses regarding the PPP:
Time is of the essence in terms of applying for the PPP loans.
According to our sources, Bank of America received $22 Billion in loan applications on the first day (April 3), and the high demand may force the US Senate to reconvene as early as this week to consider adding additional funds to the program.
STAY HOME STAY SAFE EXECUTIVE ORDER - F.A.Q.s as it relates to Construction
The State has posted many responses to the frequently asked question regarding the construction industry. We have summarized many of them below. You can view the full list of Frequently Asked Questions HERE, but we have summarized some of the ones related to our industry below:
Q: Is construction allowed under the executive order?
A: Some limited forms of construction are permissible, including construction to maintain and improve roads, bridges, telecommunications infrastructure, and public health infrastructure (such as the creation or expansion of hospitals or other medical facilities to provide or support the provision of necessary care during the emergency). Construction workers may also undertake projects that are necessary to maintain the safety, sanitation, and essential operations of a residence during the emergency; any non-emergency maintenance or improvements to residences is not permitted. In addition, a business may designate a construction firm under section 9(b) of the order to provide necessary support to the work of that business’s critical infrastructure workers.
Construction projects that do not meet these criteria cannot be started or progressed while the order is in effect. This includes any such projects that were already underway at the time the order was issued. For those projects, workers are permitted on site only to carry out “minimum basic operations” under section 4(b) of the order. This work is limited to in-person tasks that are strictly necessary to preserve the current condition of the project while the order is in effect, such as putting in place temporary security and weatherization measures. All other in-person work on the project must cease until the restrictions of the order are lifted and normal operations resume
Q: May landscaping, lawncare, tree service, irrigation, and related outdoor maintenance companies operate under this order?
A: No, except if the service is necessary to maintain and improve the safety, sanitation, and essential operations of a residence. Therefore, cosmetic and non-emergency maintenance and improvements to the outdoor areas of residences and businesses are not permissible under this order. Any necessary landscaping work that is carried out while the order is in effect must be done in accordance with the mitigation measures required under section 5(c) of the order.
Q: Can hardware stores remain open?
A: Hardware stores may remain open because they supply goods necessary for construction of public infrastructure, projects that are necessary to maintain and improve the safety, sanitation, and essential operations of a residence, and projects that support critical infrastructure workers in businesses. All in-person work of hardware stores must be done in accordance with section 5 of the order, including the mitigation measures listed in section 5(c).
Q: If a business employs critical infrastructure workers, can the business conduct both its critical infrastructure and non-critical infrastructure operations?
A: Under the order, a business cannot require workers to leave their homes unless the workers are “necessary to sustain or protect life or to conduct minimum basic operations”
Workers considered necessary to sustain or protect life are those who meet the definition of “critical infrastructure workers” provided in sections 8 and 9 of the order. Only workers properly designated for these purposes can be on-site. All other in-person business operations must be suspended. In determining whether certain in-person operations are permitted under the order, businesses that offer goods and services must bear in mind that, under the order, individuals are only allowed to leave their homes to secure necessary services or supplies, such as food, medication, and products necessary to maintain the safety, sanitation, and basic operation of their residences. Businesses must tailor their in-person provision of goods and services accordingly.
The order does not prohibit or suspend work that can be performed remotely. All work under the order must be performed remotely to the greatest extent possible, and any in-person work must be done in accordance with the mitigation measures required under section 5 of the order.
Additional Resource links as provided by Rehmann.