Governor Gretchen Whitmer is a lifelong Michigander.  She is a lawyer, an educator, former prosecutor, State Representative and Senator.  She was the first woman to lead a Senate caucus. But the most important title she boasts is MOM. Inspired by her family, she’s devoted her life to building a stronger Michigan for everyone.  

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Safeguards to protect Michigan’s workers from COVID-19

Rescission of Executive Order 2020-161

Businesses must continue to do their part to protect their employees, their patrons, and their communities. Many businesses have already done so by implementing robust safeguards to prevent viral transmission. But we can and must do more: no one should feel unsafe at work. With Executive Orders 2020-91, 2020-97, 2020-114, 2020-145, and 2020-161, I created workplace standards that apply to all businesses across the state. I am now rescinding and reissuing an amended version of those standards to add new safeguards for sports and exercise facilities.

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.

On March 10, 2020, the Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4. This order declared a state of emergency across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.

Since then, the virus spread across Michigan, bringing deaths in the thousands, confirmed cases in the tens of thousands, and deep disruption to this state’s economy, homes, and educational, civic, social, and religious institutions. On April 1, 2020, in response to the widespread and severe health, economic, and social harms posed by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded on Executive Order 2020-4 and declared both a state of emergency and a state of disaster across the State of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, and the Emergency Powers of the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had created emergency and disaster conditions across the

State of Michigan, I issued Executive Order 2020-67 to continue the emergency declaration under the EPA, as well as Executive Order 2020-68 to issue new emergency and disaster declarations under the EMA.

Those executive orders have been challenged in Michigan House of Representatives and Michigan Senate v. Whitmer. On August 21, 2020, the Court of Appeals ruled that the Governor’s declaration of a state of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the Governor’s authority under the EPGA.

On August 7, 2020, I issued Executive Order 2020-165, again finding that the COVID-19 pandemic constitutes a disaster and emergency throughout the State of Michigan. That order constituted a state of emergency declaration under the Emergency Powers of the Governor Act of 1945. And, to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature had declined to grant an extension request, that order also constituted a state of emergency and state of disaster declaration under that act.

The Emergency Powers of the Governor Act provides a sufficient legal basis for issuing this executive order. In relevant part, it provides that, after declaring a state of emergency, “the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control.” MCL 10.31(1).

Nevertheless, subject to the ongoing litigation and the possibility that current rulings may be overturned or otherwise altered on appeal, I also invoke the Emergency Management Act as a basis for executive action to combat the spread of COVID-19 and mitigate the effects of this emergency on the people of Michigan, with the intent to preserve the rights and protections provided by the EMA. The EMA vests the governor with broad powers and duties to “cop[e] with dangers to this state or the people of this state presented by a disaster or emergency,” which the governor may implement through “executive orders, proclamations, and directives having the force and effect of law.” MCL 30.403(1)–(2). This executive order falls within the scope of those powers and duties, and to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature has not granted an extension request, they too provide a sufficient legal basis for this order.

Acting under the Michigan Constitution of 1963 and Michigan law, I find it reasonable and necessary, for the reasons outlined above, to order:

       l. Adopt protocols to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace.

      n. When an employee is identified with a confirmed case of COVID-19:

      o. Allow employees with a confirmed or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the            latest guidelines from the Centers for Disease Control and Prevention (“CDC”) and they are released from any quarantine or isolation by the local                public health department.

       l. Notify plant leaders and potentially exposed individuals upon identification of a positive case of COVID-19 in the facility, as well as maintain a central            log for symptomatic employees or employees who received a positive test for COVID-19.

      n. Require employees to self-report to plant leaders as soon as possible after developing symptoms of COVID-19.

      o. Shut areas of the manufacturing facility for cleaning and disinfection, as necessary, if an employee goes home because he or she is displaying                      symptoms of COVID-19.

       l. Implement an audit and compliance procedure to ensure that cleaning criteria are followed.

      n. Clean and disinfect the work site when an employee is sent home with symptoms or with a confirmed case of COVID-19.

      o. Send any potentially exposed co-workers home if there is a positive case in the facility.

        l. Restrict all non-essential travel, including in-person conference events.

       l. Post signs instructing customers to wear face coverings until they are seated at their table.

      n. Require employees to wear face coverings and gloves in the kitchen area when handling food, consistent with guidelines from the Food and Drug                Administration (“FDA”).

      o. Limit shared items for customers (e.g., condiments, menus) and clean high-contact areas after each customer (e.g., tables, chairs, menus, payment            tools).

       l. Limit the number of appointments to maintain social distancing and allow adequate time between appointments for cleaning.

      n. Deep clean examination rooms after patients with respiratory symptoms and clean rooms between all patients.

      o. Establish procedures for building disinfection in accordance with CDC guidance if it is suspected that an employee or patient has COVID-19 or if                  there is a confirmed case.

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

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

      n. Post signs outside of entrances instructing individuals not to enter if they are or have recently been sick.

       l. Designate employees to monitor and facilitate social distancing on the processing floor.

      n. Adopt sick leave policies that discourage employees from entering the workplace while sick and modify any incentive programs that penalize                        employees for taking sick leave.

      o. Group employees together in cohorts, if feasible, in a manner that allows a group of employees to be assigned to the same shifts with the same                    coworkers, so as to minimize contacts between employees in each cohort.

       l. Place hand sanitizer stations in high traffic areas, including throughout the casino floor and employee break rooms.

      n. Frequently disinfect slot machines, provide wipe dispensaries for slot machines, and post signs encouraging patrons to wipe down slot machines                 before and after use.

      o. Enable social distancing between slot machines by either:

Given under my hand and the Great Seal of the State of Michigan.

Balancing a rewarding career with the ability to have a high-quality lifestyle is important. In Michigan, you can have both. If you’re interested in a career that allows you to make a difference, check out the state of Michigan career portal for a list of current openings in state government.

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