COVID-19 Employer Resources - Employers Association of West Michigan Employers Association of West Michigan

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 on 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 lisasabourin@eawm.net

MIOSHA Releases Emergency Rules – they take effect 10-14-20

Late, today, 10-14-20, MIOSHA has issued Emergency Rules at the urging of Governor Whitmer. These rules are to help clarify and enforce guidelines that were in Executive Orders that were recently invalidated by the Michigan Supreme Court. Here is what we know at this time:

Our law firm partners have not had a chance to review and comment. This will likely be an on-going process.
There may be a challenge to MIOSHA’s ability to create such rules.
At present, being issued by MIOSHA, does mean they are fully enforceable by MIOSHA like other health and safety Regulations.

Here is a link to the full 9 page Emergency Rule Document

Here is a link to the press release from the Office of the Governor regarding the creation of these Rules.

Here is a link to a very useful MIOSHA Info graphic – page 3 has links to specific industries such as manufacturing.

We will seek clarification on these rules for our members in specific industries. Much of the Emergency Rule is very similar to what we were complying with under the Executive Orders. There are two key points to note. Use the Info-graphic above and clicking through the links for industries on page 3 and you will see:

In both the links for Offices and Manufacturing under Basic Infection Prevention Measures (page 12) it states the employer shall: “Create policy prohibit in-person work for employees to the extend that their work activities can feasibly be performed remotely.”
You will note under the specific rules for manufacturing regarding daily health screens (page 15) it states “employers shall conduct daily “self-screening” protocol. Also, regarding temperature taking it states “if possible.” Pages 26 to 28 does discuss additional requirements for entering the facility. Page 27 states manufacturing facilities must: “create dedicated entry points for daily screening; use barriers and signs to direct individuals to designated entry points; and do not allow anyone to bypass designated entry point.”

MI Supreme Court Rules Against Governor’s Executive Orders – Don’t be too quick to make changes – read more from WNJ

We are hoping to have more information this week or next. We do know that MI DHHS has released this Fact Sheet and is enforcing the restrictions in Executive Orders 153 – Masks, 161 – Safe Start, and 161- Safeguards.

September 25th Governor Whitmer issued Executive Orders 183, 184 and 185 making amendments to size of gatherings.

Link to all MI Executive Orders

CDC updates guidelines for travelers

Payroll Tax Deferral Guidance from Miller Johnson

Treasury Outreach Early Fall Seminars

Treasury’s free educational events provide an opportunity to learn about important tax processing and tax compliance topics as well as Treasury updates. Our ongoing goal through this outreach program is to enhance communication, foster a culture of taxpayer service, and identify continuous improvement projects through your feedback. Register Now

TeleWork Resources

The following are guidelines from Federal Agencies on Telework

Work from Home Policy

Sample Work at Home policy

Remote Employee Contract

Remote Work Policy

Families First Coronavirus Response Act (FFCRA) effective 4/1

DOL issues FFCRA Posters to be posted no later than 4/1

Most useful tool in navigating FFCRA is the DOL’s Questions and Answers document – addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how to count hours for part-time employees; and how to calculate the wages employees are entitled to under this law.

DOL also provides FFCRA Guidance – provided in a Fact Sheet for Employees, a Fact Sheet for Employers

Sample Forms for FFCRA:

Act Now to Determine Treatment of COVID-19 Sick and Leave Pay Under Your Retirement Plan

Our Partner Law Firm’s Resource Pages

They include updated guidance, Q&A per scenarios and live and recorded webinars

Links to resources posted May – July

MIOSHA Penalties and Enforcement Scheme in Governor’s Executive Orders Are Invalidated – Read More from Miller Johnson
IRS Releases COVID-19 Relief and Other Guidance on Mid-Year Changes to Safe Harbor Plans – Read More from Waner Norcross & Judd
UIA Returning to Work and Refusal of Work for Unemployment Compensation Letter
Link to report UIA fraud
UIA Fraud Sample Letter to Employees
In an effort to help reopening businesses safely reengage in the economy, the MI Symptoms Web Application is a cost-free way for employers to comply with Executive Order 2020-97 and implement a COVID-19 symptoms screening questionnaire for employees. Read full press release.

MIOSHA Launched New Site for COVID-19 Workplace Safety

In an effort to centralize critical workplace safety guidance amidst several sectors of Michigan’s economy reopening, MIOSHA launched a new online COVID-19 Workplace Safety site – Michigan.gov/COVIDWorkplaceSafety – to provide guidance and a toolkit of resources to keep workplaces safe as sectors of the state’s economy reopen.

With the continued risk of COVID-19 spread, everyone in the workplace must take necessary precautions. The site includes MIOSHA issued guidelines, posters for employees and customers, factsheets, educational videos and a reopening checklist – all of which will help businesses safely reopen their doors.

In addition to the general workplace guidelines for employer and employees, MIOSHA provided further clarification on necessary steps several other sectors must take when reopening, including:

The site also provides guidance on how employers create and make available to employees and customers, a written exposure control plan which includes exposure determination and outlines measures that will be taken to prevent employee exposure to COVID-19.

Those with questions regarding workplace safety and health may contact MIOSHA using the new hotline at 855-SAFEC19 (855-723-3219).

To report health and safety concerns in the workplace, go to michigan.gov/MIOSHAcomplaint.

Michigan issues $33,400 in fines for workplaces violating COVID rules

Workplace Preparedness:

Sample 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-E Sample 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

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.

Interested in outsourcing employee screenings and temperatures – Axios is offering services click here

EA Members-Only Slack Channel to talk with other HR professionals

We have set up a Slack Channel for our HR members-only to participate in. Below is an invitation link when asked to sign-up you create your own login/password. We hope these will run efficiently and not obtrusively. We expect the same respect for one another as in regular Roundtables and the understanding that the nature of these conversations are in general confidential. Please feel free to post questions and share sample PDFs. If you prefer you may email me a question to post in the group(s). Please bear with me, I started this job in in the early 90s and it was NOT required to be technology savvy J. I have posted a question or so to get us started.

Click here to join #EAHR Slack Channel