UPDATE: June 8, 2020 - Miller Johnson · Indoor arcade, bowling alley, cinema, climbing facility,...

© 2020 Miller Johnson. All rights reserved.1

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UPDATE:June 8, 2020

Sandy Andre

Mary Tabin


The materials and information have been prepared for informational purposes only. This is not legal advice, nor intended to create or constitute a lawyer-client relationship. Before acting on the basis of any information or material, readers who have specific questions or problems should consult their lawyer.

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Reminder about EO 2020-110

Overview of EO 2020-115

Overview of EO 2020-114

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June 8, 2020: TODAY Restaurants and bars; outdoor public swimming

pools; day camps; libraries and museums open

Remain closed: Indoor theatres, cinemas, and performance venues

Indoor gymnasiums, fitness centers, recreational centers, sports facilities, exercise facilities, exercise studios

Personal care service facilities*

Casinos

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Does not rescind EO-110

Issued: June 5, 2020: “Immediate effect”

BUT what that really means: June 10, 2020:

Regions 6 & 8: Phase 5 of MI Safe Start Plan

EO-110 Rules EO-115 Rules

June 15, 2020:

EO-110(12)(c) rescinded

Non-essential Personal Care services no longer must remain closed to ingress, egress, use, and occupancy

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Region 8– Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac and Chippewa

Region 4– Oscoda, Alcona, Ogemaw, Iosco, Gladwin, Arenac, Midland, Bay, Saginaw, Tuscola, Sanilac and Huron

Region 5– Gratiot, Clinton, Shiawassee, Eaton and Ingham

Region 1- Monroe, Washtenaw, Livingston, Genesee, Lapper, Saint Clair, Oakland, Macomb and Wayne

Region 7– Hillsdale, Lenawee and Jackson

Region 6– Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska, Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan, Presque Isle and Emmett

Region 2– Mason, Lake, Osceola, Clare, Oceana, Newaygo, Mecosta, Isabella, Muskegon, Montcalm, Ottawa, Kent and Ionia

Region 3– Allegan, Barry, Van Buren, Kalamazoo, Calhoun, Berrien, Cass, Saint Joseph and Branch

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REMEMBER:

Only Regions 6 & 8 are moving to Phase 5 on June 10

At that time, EO-115’s rules apply to Regions 6 & 8

EO-110’s rules continue to apply to Regions 1-5, 7

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Remote work: Work that can be performed remotely should be

performed remotely

In-person work: Subject to the workplace safeguards in EO-114

Social lives: Still CDC social distancing

Still face covering

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Gatherings, Performance, and Events Indoors: Up to 50 people

Outdoors: Up to 250 people

Indoor arcade, bowling alley, cinema, climbing facility, convention center, performance space, meeting hall, night club, sports arena, theatre or similar indoor venue: OPEN, if

Enables 6-feet rule

Limits the number of people in the venue to 25% of its maximum capacity or to 250, whichever is smaller

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Outdoor concert space, race track, sports arena, stadium or similar venue: OPEN, if

Enables 6-feet rule

Limits the number of people in the venue to 25% of its maximum capacity or to 500, whichever is smaller

Incidental gatherings of persons not subject to indoor/outdoor limitsAirport, bus station, factory floor, restaurant,

shopping mall, public pool, workplace

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Outdoor parks and recreational facilities: OPEN, if Not prohibited by local regulation

Enables 6-feet rule

Where 6-feet rule cannot be maintained, areas must remain closed

Public swimming pools: OPEN, if Outdoors: Limit capacity to 50%

Indoors: Limit capacity to 25%

Residential, travel, troop camps: CLOSED

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REMEMBER:

Only Regions 6/8 are moving to Phase 5 on June 10

At that time, EO-115’s rules apply to Regions 6/8

EO-110’s rules continue to apply to Regions 1-5, 7

June 15: Personal care services

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A little (a lot) confusingContains information about Personal care services

and sporting and entertainment venues, and gyms

REMEMBER: Those are authorized to open/operate only to extent authorized to do so under EO-110 and EO-115

Additionally, some areas of EO-114 specifically exclude Regions 6/8

Otherwise: An enhanced version of EO-97 Section 1: Applies to All

Subsequent Sections: Industry/Workplace type specific

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EO-114 is NOT a one-stop shop for all in-person work requirements: EO-111: Migrant and agricultural workers

EO-109: Food Selling establishments, Pharmacies

EO-108: Health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities

EO-95: Long-term care facilities

EO-62: MDOC facilities

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EO-114 is not a one-stop shop for all employee protections: Families First Coronavirus Response Act

EO-36: Protecting workers who stay home, stay safe

Remember: Local Public Health Orders

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Section 1: Positive Test Protocol; Notifications

Immediately notify local public health department, and

Within 24 hours, notify co-workers, contractors, suppliers, etc.

Positive Test Protocol: RTW

Allow return when they are no longer infectious according to CDC guidelines and they are released from any quarantine or isolation by the local public health department.

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Section 1: Positive Test Protocol: Response Plan- Cleaning

Include protocols for sending employees home and for temporary closures of all or part of the workplace to allow for deep cleaning

Section 5- Research Laboratories “Visiting scholars” are not necessarily “non-essential

in-person visitors”

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Section 6: Retail Still applicable to libraries and museums

Dedicated shopping time: Vulnerable populations listing

Conditions listed are illustrative, not intended to be all inclusive

Section 7: OfficesNo longer required to lock conference rooms or

turn off water fountains

Must: use virtual meetings whenever possible

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Section 8: Restaurants and Bars Require hosts, servers, and staff to wear face

coverings in the dining area

Limit the number of employees in shared spaces, including kitchens, host stands, break rooms, and offices, to maintain at least a 6-foot distance between employees

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Section 8: Restaurants and BarsClose restaurant immediately if an employee shows

symptoms of COVID-19, defined as either:

New onset of cough or

New onset of chest tightness; OR

Two of the following:

Fever (measured or subjective); Chills; Rigors; Myalgia; Headache; Sore throat; or olfactory/taste disorder(s)

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NEW: Section 10: In-home services, including cleaners, repair person, painters, and the like, must Require their employees to perform a daily health

screening prior to going to the job site

Maintain accurate appointment record, including date and time of service, name of client, and contact information, to aid with contract tracing

Limit direct interaction with customers by using electronic means of communication whenever possible

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NEW: Section 10: cont. Prior to entering the home, inquire with the

customer whether anyone in the household has been diagnosed with COVID-19, is experiencing symptoms of COVID-19, or has had close contact with someone who has been diagnosed with COVID-19.

If so, the business or operation must reschedule for a different time

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NEW: Section 10: cont. Limit the number of employees inside the home to

the minimum number necessary to perform the work in a timely fashion

Gloves should be worn when practical and disposed of in accordance with guidance from the CDC

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NEW: Section 11: Barbering, cosmetology services, body art services, tanning services, massage services or similar personal-care services must: Maintain accurate appointment and walk-in records,

including date and time of service, name of client, and contact information, to aid with contact tracing

Post sign(s) at store entrance informing customers not to enter if they are or have recently been sick

Restrict entry to customers, to caregiver of those customers, or to the minor dependents of those customers

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NEW: Section 11: cont. Require in-use workstations to be separated by at

least six feet from one another and, if feasible, separate workstations with physical barriers

Limit waiting-area occupancy to the number of individuals who can be present while staying six feet away from one another and ask customers, if possible, to wait in cars for their appointment to be called

Discontinue all self-service refreshments

Discard magazines in waiting areas and other nonessential, shared items that cannot be disinfected

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NEW: Section 11: Cont.Mark waiting areas to enable 6-feet of social

distance

Require employees to make proper use of PPE in accordance with guidance from CDC and OSHA

Require employees and customers to wear face coverings at all times, except that customers may temporarily remove face covering when receiving service that requires removal

During services that require customer to remove their face covering, an employee must wear a face shield or goggles in addition to a face covering

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NEW: Section 11: Cont. Install physical barriers, such as sneeze guards, at

cash registers, where maintaining social distance of 6 feet is difficult

Cooperate with the local public health department if a confirmed case of COVID-19 is identified in the facility

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NEW: Section 12: Sports and entertainment facilities Post signs outside of entrance informing customers

not to enter if they are or recently have been sick

Encourage or require patrons to wear face coverings

Establish crowd-limiting measures to meter the flow of patrons

Use physical dividers, marked floors, etc. to maintain 6-feet of distance between persons

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NEW: Section 12: cont. Limit seating occupancy to the extent necessary to

enable patrons not of the same household to maintain 6-feet of distance from others

For sports and entertainment facilities, establish safe exit procedures for patrons (e.g., dismiss groups based on ticket number, row, etc.)

For sports and entertainment facilities, to the extent feasible, adopt specified entry and exit times for vulnerable populations, as well as specified entrances and exits

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NEW: Section 12: cont. Train employees who interact with patrons (e.g.,

ushers) on how to:

Monitor and enforce compliance with the facility’s COVID-19 protocols

Help patrons who become symptomatic

Frequently disinfect high-touch surfaces during events or, as necessary, throughout the day

Disinfect and deep clean the facility after each event, or as necessary, throughout the day

Close self-service food or drink options

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NEW: Section 13: Gymnasiums, fitness center, recreation centers, exercise facilities must: Post sign(s) outside of entrance(s) informing

individuals not to enter if they are or have recently been sick

Maintain accurate records, including date and time of event, name of attendee(s) and contact information to aid in contact tracing

To the extent feasible, configure workout stations or implement protocols to enable 10 feet of distance between individuals during exercise sessions (or, 6-feet with barriers)

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NEW: Section 13: cont. Reduce class sizes, as necessary, to enable at least

6-feet of separation between individuals

Provide equipment cleaning products throughout the gym or exercise facility for use on equipment

Make hand sanitizer, disinfecting wipes, soap, and water, or similar disinfectant readily available

Regularly disinfect exercise equipment, including immediately after use. If patrons are expected to disinfect, post signs encouraging patrons to disinfect equipment

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NEW: Section 13: cont. Ensure that ventilation systems operate properly

Increase introduction and circulation of outdoor air as must as possible by opening windows and doors, using fans, and other methods

Regularly clean and disinfect public areas, locker rooms, and restrooms

Close steam rooms and saunas

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June 8: TODAYAll regions: Restaurants and bars; outdoor public

swimming pools; day camps; libraries and museums open

June 10: Regions 6 & 8 onlyMI Safe Start Phase 5, Rules in EO-115 apply

June 15: Personal Care services permitted to open; rules in

EO-110 and EO-114 apply

June 19: EO-99 Declaration of State of Emergency expiration

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45 Ottawa Ave SWSuite 1100Grand Rapids, MI 49503

100 W Michigan AveSuite 200Kalamazoo, MI 49007

millerjohnson.com

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616.831.1731

[email protected]

616.831.1753

[email protected]

Sandy Andre Mary Tabin


https://resources.millerjohnson.com/

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UPDATE: June 8, 2020 - Miller Johnson · Indoor arcade, bowling alley, cinema, climbing facility,...

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Transcript of UPDATE: June 8, 2020 - Miller Johnson · Indoor arcade, bowling alley, cinema, climbing facility,...