MIOSHA’s Emergency Rules on Coronavirus Disease 2019 were extended without any modifications on April 14, 2021 and are now in effect until October 14, 2021. MIOSHA has also released a draft of the proposed permanent rules which largely mirror the Emergency Rules but make some modifications to the remote work requirement, certain definitions, and the notification and recordkeeping requirements.
The proposed rules also require MIOSHA to re-examine the need for the proposed rules within 21 days of the expiration or rescission of any remaining emergency order under the Michigan Public Health Code and the absence of a state of emergency related to COVID‑19 issued by Governor Whitmer. There is also a parallel effort by Federal OSHA to institute a standard which may have some bearing on MIOSHA’s efforts. The implementation of the proposed MIOSHA rules will follow the normal rulemaking processes and procedures.
A public hearing via Microsoft Teams is scheduled for May 26, 2021 at 9:00 AM, where members of the public and businesses are welcome to make live comment or submit written comments for consideration.
Public comments are strongly encouraged and often shape at least some of the language of the ultimately enacted regulations. Written statements may be prepared and submitted as late as 5:00 pm on May 26, 2021. The Joint Committee on Administrative Rules will summarize the purpose of the draft rules and any public comments. The proposed rules will become effective upon filing with the Secretary of State or a later date if specified by the department in the rules.
Toscha Klopp
Email: kloppt@michigan.gov
530 West Allegan Street
P.O. Box 30643
Lansing MI 48909-8143
Please contact any attorney at Hilger Hammond for support in preparing your presentation or comment.
