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To date, the Food and Drug Administration has granted emergency use authorization to
three vaccines to prevent COVID-19, providing a path to end the pandemic. The State of
Michigan is part of the largest mass vaccination effort in modern history and is presently
working toward vaccinating at least 70% of its residents 16 and older as quickly as
possible.
The Legislature has declared that “all employees shall be provided safe and healthful
work environments free of recognized hazards.” MCL 408.1009. Employers must
provide employees with “a place of employment that is free from recognized hazards that
are causing, or are likely to cause, death or serious physical harm to the employee.” MCL
408.1011(a). Nonetheless, Michigan’s experience with COVID-19 demonstrates that the
disease can spread rapidly without protective measures and standards in place.
Workplaces, where employees, customers, and members of the public congregate, pose a
particular threat for COVID-19’s spread. To mitigate and limit COVID-19’s spread in
workplaces and to protect employees across Michigan, it is necessary to impose these
rules and standards.
Businesses must do their part to protect 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.
Pursuant to section 21(2) of the Michigan occupational safety and health act, 1974 PA
154, MCL 408.1021, I find that these emergency rules are necessary to protect employees
during the ongoing COVID-19 pandemic.
Based on the best available scientific evidence and public health guidance available
regarding the spread of COVID-19 in the workplace, I find that these emergency rules are
necessary to protect employees. If the non-emergency rulemaking process specified in the
administrative procedures act of 1969 (APA), 1969 PA 306, MCL 24.201 to 24.328, for
the promulgation of rules was followed, employees across Michigan may be
unnecessarily exposed to SARS-CoV-2 during the rule promulgation process. Further,
existing MIOSHA rules do not directly address COVID-19’s spread in the workplace and
employees are likely to experience an increased probability of infection at work until the
protective measures in this rule are in place. Accordingly, following the non-emergency
rulemaking process would undermine the effectiveness of Michigan’s emergency
response to COVID-19, and expose Michigan workers to a higher risk of contracting the
disease in their places of employment.
The Director, therefore, for the preservation of the public health, safety, and welfare,
finds that a clear and convincing need exists for the promulgation of emergency rules as
provided in section 48 of the APA, MCL 24.248, without following the notice and
participation procedures required by sections 41 and 42 of the APA, MCL 24.241 and
24.242.
Rule 1. Scope and application.