HBA of Southeastern Michigan


As we said we expected during Advocacy Day last week, Governor Whitmer has used Section 48 of the Administrative Procedures Act to issue a series of “emergency rules” dealing with COVID-19.  These rules restore many of the restrictions from her earlier, unconstitutional Executive Orders. Even though issued without consultation with the Legislature, these rules are both constitutional and enforceable and will be in effect for six months, beginning October 14th.

The Michigan Occupational Health and Safety Administration has published new rules for construction. These rules cover both general precautions applicable to all businesses and specific requirements for construction.  Click here for a MIOSHA infographic on these new enforceable rules.

Members who follow the COVID safety plan for residential construction  will be in compliance with these rules.

Below are some, but not all, of the requirements for construction under the new emergency rules:

  • Create dedicated entry point(s) at every worksite, if possible, for daily screening as provided in Rule 6 of these rules, or in the alternative issue stickers or other indicators to employees to show that they received a screening before entering the worksite that day.
  • Identify choke points and high-risk areas where employees must stand near one another.
  • Control access & use of these areas to maintain social distancing. Consider use of physical barriers to control access.
  • Create protocols for minimizing personal contact upon delivery of materials to the worksite.
  • Provide instruction to employees as to how distribution of PPE will be handled and also provide training to employees on proper disposal of PPE, including designating certain areas for disposal of soiled PPE.
  • Where there is risk of skin contact with contaminated surfaces, require the use of appropriate work gloves for the task. Train employees in using the appropriate type of glove when using cleaning chemicals.
  • Employers who are engaged in multiple work sites must restrict employee movements between different sites; group employees together; discourage ride sharing.

We will keep you up to date as this goes on.