MIOSHA also filed Draft Rules with the Michigan Secretary of State on Tuesday. The rules would extend many of MIOSHA’s COVID-19 Emergency Rules on a permanent basis.
The “permanent” COVID-19 workplace safety rules would cover bot
general industry and construction employers and be promulgated through
the regular rule making process (which is expected to take six to 12 months). Although the draft rules do deviate from MISOHA’s Emergency
Rules, the permanent rules track the Emergency Rules and are very similar.
Of concern is language related to remote work.
The permanent rules specify: “The employer shall create a policy
promoting remote work for employees to the extent that their work activities can feasibly (e.g., technical, economical performance) be completed remotely.”It also gives more discretion to local public health authorities on the
timeline by which an employee may return to the workplace after a
known or suspected case of COVID-19. Finally, the proposed permanent
rules do not specify a sunset date or timeline under which the rules will be rescinded.