Please note – information on this page is for informational purposes and should not be regarded as legal counsel. Samples, services and products have not been endorsed or vetted by EA . Every organization has unique circumstances and use parameters and should vet for their own use and consult legal counsel as warranted.
Email questions to firstname.lastname@example.org
Special Legal Briefing – Managing Medical and Religious Accommodation in Prep for OSHA ETS Vaccine Rule
Presenters are Partner Rob Dubault and Associate DeAndre’ Harris with Warner Norcross & Judd
Thursday September 30th from 8:30am – 9:30am
This briefing is intended to discuss the process for managing medical or religious accommodation from vaccine or other COVID issues. If the OSHA ETS rules are released we will discuss during presentation.
OSHA To Require Employers With 100-Plus Employees to Mandate COVID-19 Vaccines or Testing
We are currently working on scheduling or promoting a webinar on this topic when we have more details. And we are working with the Health Department and Mercy Health to determine the best access vaccines and appropriate tests. Please check back here for updates and we will send a notice when we have more information.
Register Now for the 2021-2022 Season of EA Roundtables
HR Roundtable begins Thursday September 9th at 8:30am
This year Roundtables will be offered in a Hybrid Model.
To attend In-Person
Contact Trena Gould at email@example.com or 231-759-0916
To attend Virtually
Click Here to register for the Zoom Link
As of 8/12
The CDC updated it’s mask recommendations on 7/28 – see the CDC Guidance here.
Today the MDHHS updated their (5/21) guidance – see here
8/12 Mask Poll Summary:
Thank you to the.71 companies that promptly responded to today’s poll regarding current mask policy in light of the CDC’s newest mask recommendations. The responses are as follows:
Overall (56 mfg/25 Office/retail):
- 46 companies do not have a mask requirement; about 25% require masks for unvaccinated
- 10 companies are requiring masks of all employees
- 18 companies require them for all visitors, in common spaces and whenever 6’ cannot be maintained
Office and Retail (25):
- 11 companies do not have a mask requirement; about 25% require masks for unvaccinated
- 3 company is requiring masks of all employees and visitors
- 11 companies require them for all visitors, in common spaces and whenever 6’ cannot be maintained
Manufacturing/Industrial Companies (47):
- 36 companies do not have a mask requirement; about 25% require masks for unvaccinated
- 9 companies are requiring masks of all employees
- 7 companies require them for all visitors, in common spaces and whenever 6’ cannot be maintained
- 2 companies have required masks all along until they reach 70% or 75% vaccinated respectively
- 2 Companies are using the County Health transmission rates (7 day average) to determine if masks are warranted. Both are using 10% to require masks.
See this sample policy and the sample language below
We have updated our MASK and other COVID policies due to Ottawa County’s COVID risk level now being designated to ‘Substantial’. This means that the CDC recommends that everyone in communities at this level or the ‘high’ level mask-up in all public places. “Substantial” is defined either as 8 to 9.9% of tests positive or 50 – 99 cases per 100,000 persons during past 7 days. It is believed the increase is due to the more contagious delta variant.
We are following Ottawa County guidelines. If the level changes and lowers back to ‘Low’ or ‘Moderate’ risk, we will announce mask policy changes. If level should reach 10%, we may be under state mandates again?
Therefore, until further notice, all employees (vaccinated or not) must wear masks inside building per Ottawa County recommendations. Also whether inside or outside, 6-ft minimum distancing is required on COMPANY property. Handwashing should be increased as before, and keeping your work area sanitized for others who will be working in same area is a must.
- If you are a machine operator, you may work at your equipment w/o a mask as before; however, if someone enters your space or you must leave your workstation, you are required to mask.
- If you work in an office whether in plant or front offices, you must mask if someone enters your office or you leave your office.
- Other plant workers who work alone can work w/o a mask as long as they maintain 6-ft or more; however, if approached by supervisor or others, or working closer than 6-ft, must mask-up immediately.
As of 6/24 COVID Call
For most employers, most of COVID compliance issues have ended, please note:
- MIOSHA has adopted the federal OSHA temporary rules for Health Care
- Some MDHHS still apply in certain settings
Many employers have chosen to end the daily screenings; do not require masks; have started to remove barriers such as plexiglass; and have discontinued FFCRA pay. Most seem to have everyone back in person; however there were a few on a hybrid model. There are a few employers still requiring masks for employees and visitors and a few are still doing entry screening.
We are discontinuing COVID zoom meeting. Roundtables will begin in September.
We suggest every employer update their Pandemic Preparedness plan to current protocols.
Current Rules Guiding Employer Response to COVID Issues:
MIOSHA rescinds 5/24 Emergency Rules and adopts OSHA Rules that Focuses on Healthcare Settings
- Update their Pandemic Preparedness Plan to what you are doing going forward; have it available should MIOSHA inquire. Be sure to include remote work protocols.
- Communicate with employees, vendors, visitors the new guidelines and share the “why”
- If you are discontinuing the daily screening, communicate with employees that it is still important that they do not come to the workplace if they may have COVID/symptoms and reinforce that they should call HR or supervisor first. Public Act 338 will determine how to proceed.
- MI COVID-19 Employment Rights Act (ERA) that amended PA 238 with rules regarding employees that test positive, have symptoms or have bee exposed to COVID
Interested in Administering Rapid Antigen COVID-19 Tests
EA is hosting a COVID Testing Training for Employers through Public Health – Muskegon County. You will be trained to administer the Rapid Antigen COVID tests to your employees at your facility. To learn more please contact Trena Gould
The following is protocol for essential employers to register their company so that their employees may receive vaccination:
- Muskegon County employers – please provide details on your essential workers on this intake form on the site https://vaccinatewestmi.com/
- Ottawa County employers – please provide details on your essential workers on this intake form on the site https://www.miottawa.org/Health/OCHD/coronavirus.htm
- Mason County, Newaygo County and Oceana County employers – please provide details on your essential workers by completing this survey on the site https://www.dhd10.org/covid-19-vaccine/
The vaccination clinic at Shape is now public and any interested individual may schedule at the link below. Employers are encouraged to share with employees.
Individuals who believe they personally apply because
- EEOC’s Q&A on Vaccines for Employers
- COVID-19 Vaccine Dashboard
- Michigan COVID-19 Vaccination Prioritization Guidance
- MERCY Health has testing for those without a Primary Care Physician (PCP) at Hackley at the Lakes site. Those without a PCP and need a test may call 231-672-2491.
- Walgreens and some churches have rapid tests available
Current Employer Vaccination Incentive Poll: We took a poll on Vaccination Incentives. Some companies are offering up to 2 hours of paid time to go get the vaccine during work hours. Other companies are giving credit towards their wellness plan for getting the vaccine. Some companies are doing a monthly raffle for a gift card, the sooner you get the vaccine the more chance you have to win the gift card.
Workplace Preparedness Plans
Workplace Preparedness – Reminder to update your your plan with information on vaccination
- Here is a link to the sample preparedness plan https://www.michigan.gov/documents/leo/leo_miosha_cet5700_691240_7.doc
- Here is a link to the Ambassador Assessment https://www.michigan.gov/documents/leo/LEO-MIOSHA_Ambassador_Assessment_REVv1_701134_7.pdf
Sample tools and plans from members:
Please note – information on this page and particularly in this section has been shared by others; it has not been endorsed or vetted by EA for use. This is for informational purposes and should not be regarded as legal counsel. Every organization has unique circumstances and use parameters and should vet for their own use and and consult with legal counsel when warranted.
Some have begun using an a symptom checker app from the State of Michigan – click here
- Draft COVID-19-Risk-Mitigation-Checklist – Blank
- TRC COVID-19 Acknowledgement Form April 23 2020 (From5/8 Call)
- TRC COVID-19 Preparedness and Return-to-WorkTraining, (From5/8 Call)
- TRC from 5/8 call uses the following Thermometers IR Thermometer and iHealth PT3
- Cleaning and COVID Posters from Nichols
- Visitors & Contractors COVID-19 Self-Screening Checklist
- COVID Memo Sample 1-ESample Preparedness Plan 1-E
- COVID Memo Sample 1-E
- Safe Work Playbook Lear
- Magna Smart Start Playbook
- Infectious Disease Responsiveness and Preparedness Plan -Eagle
- FAS Reusable Forehead Thermometer Strips and Instructions
- Thermal-scanning-options for temperature taking.xlsx
- Sample Symptom Tracker
- COVID-19 Employee Questionnaire_Rev 2
- Sanitation Tool
- COVID Decision Matrix for Exposure and Symptoms
- Employee Assessment of Symptom
- COVID-19 Employee Questionnaire
- COVID-19 Exposure Decision Tool
- COVID-19 Decision Chart
- COVID-19 Exposure
- COVID-19 Employee Quick Reference
- Guide to COVID-19 Screening
- COVID-19 Screening Form
- COVID Travel Policy
- EO 2020-59’s “Face Covering” Requirement and What That Means for Michigan Employers
- PPE Supplier List; For a list of local PPE suppliers please visit
- CDC Guidance for Businesses and Employers
- OSHA Guidance on Preparing Workplaces for COVID-19
- OSHA’s Risk Pyramid for analysis
- Preparing for Pandemic – a checklist from Harvard Business Review (scroll down article)
- CDC Guidance for Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19
- OSHA Release Guidance on Recording COVID Cases
Suggested brands for temperature screening;
- TRC from 5/8 call uses the following Thermometers IR Thermometer and iHealth PT3,
- Jumper Thermal Scanner -recommended many sources on internet.
Remote Work Resources and Samples
MIOSHA, as of 5/24/21 has rescinded it’s remote work mandate from the Emergency rules in accordance with the Governor’s Vacc to Normal plan and CDC guidelines.
The following are guidelines from Federal Agencies on Telework
Business Guidance and Resources (most recent at top)
- Unemployment (UIA) offers videos on how to file a claim
- UIA Returning to Work and Refusal of Work for Unemployment Compensation Letter
- Link to report UIA fraud
- UIA Fraud Sample Letter to Employees
- Bureau of Labor Statistics Unemployment by State
- CARES Act Good Guide and Checklist from the US Chamber
- EEOC webinar on the pandemic and ADA and publication on ADA & Pandemic and EEOC Pandemic Preparedness
- Pure Michigan Business Connect offering virtual, statewide matchmaking platform for suppliers, buyers providing critical response to COVID-19
- COVID-19 Volunteering in Michigan
- The Worker Adjustment and Retraining Notification Act (WARN)
- Click here to receive updates from Michigan Governor
- A CEO Coronavirus Action Plan from Bain
- Ultimate Guide to Remote Work from Zapier
- COVID Decision Matrix for exposure and symptoms
- Productive Virtual Meeting Recommendations
- Organizations Considering Policy Changes
- Sample Pandemic Policy https://www.thinkhr.com/hrhotline/alerts/Sample%20Model%20Pandemic%20Flu%20Policy.pdf
FEMA Planning tool for operations continuity https://www.fema.gov/media-library-data/1396880633531-35405f61d483668155492a7cccd1600b/Pandemic_Influenza_Template.pdf