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COVID-19 safeguards still apply to vaccinated employees in Michigan

April 2021 employment law letter
Authors: 
Rebecca C. Seguin-Skrabucha and Alexander J. Burridge, Bodman PLC

COVID-19 vaccines have arrived, prompting us to begin hoping we can effectively control the pandemic in the near future. In recognition of the positive trajectory, the U.S. Centers for Disease Control and Prevention (CDC) recently determined vaccinated individuals need not quarantine after close contact with a confirmed coronavirus case so long as they (1) are fully vaccinated, (2) received the final dose in the vaccine series within the preceding three months, and (3) have remained asymptomatic since the close contact. The guidance, however, doesn’t affect Michigan employers’ obligations to keep their virus workplace safeguards in place, including quarantine requirements for employees who have experienced close contact.

No exemptions articulated yet for vaccinated individuals

The Michigan Occupational Safety and Health Administration (MIOSHA) released its COVID-19 emergency rules in October 2020. To date, no exemptions have been articulated for vaccinated individuals.

The federal Occupational Safety and Health Administration (OSHA) agrees, advising employers to treat vaccinated and nonvaccinated employees the same in its recent guidance, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” OSHA explains:

Workers who are vaccinated must continue to follow protective measures . . . because at this time, there is no evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person.

Best practice: Follow MIOSHA rules, not CDC guidance

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