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Michigan employers must continue to require masks (for now)

June 2021 employment law letter
Authors: 
Rebecca Seguin-Skrabucha, Bodman PLC

The U.S. Centers for Disease Control and Prevention (CDC) recently released interim public health recommendations that state: “Fully vaccinated people can resume activities [in indoor and outdoor settings] without wearing a mask or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” The Michigan Department of Health and Human Services (MDHHS) followed suit, issuing an updated Epidemic Order, effective May 15, under which “the requirement to wear a face mask” typically doesn’t apply to individuals who are “fully vaccinated persons.”

How new recommendations affect Michigan employers

Regardless of the CDC guidance and the MDHHS directive, Michigan employers are still subject to the emergency rules issued by the Michigan Occupational Safety and Health Administration (MIOSHA) as well as guidance from the federal Occupational Safety and Health Administration (OSHA). Of note, the emergency rules currently mandate the following:

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