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MIOSHA's COVID-19 workplace safeguards remain in place

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

The Centers for Disease Control and Prevention (CDC) released its first guidance for fully vaccinated individuals on March 8, 2021. The new guidelines may tempt you to begin relaxing workplace safeguards and distinguishing between vaccinated and nonvaccinated employees. To avoid citations and/or fines from the Michigan Occupational Safety and Health Administration (MIOSHA), you should continue to abide by your COVID-19 preparedness and response plans with respect to all employees for the time being.

What CDC's new guidance says

Under the CDC's guidance, fully vaccinated individuals may visit without masks or social distancing in private indoor settings with (1) other fully vaccinated people or (2) "low-risk" individuals from a single household, such as young adults or children. Individuals are considered fully vaccinated two weeks after receiving either a single shot of Johnson & Johnson's newly authorized vaccine or a second shot of Moderna's or Pfizer's two-dose regimens.

Fully vaccinated individuals are no longer required to quarantine or get tested for COVID-19 when exposed to someone with the virus. The CDC's guidance is still short of a postvaccination "free for all," as it advises all individuals, regardless of their vaccine status, to:

  • Wear face coverings and maintain social distance in public;
  • Undergo testing if experiencing coronavirus symptoms; and
  • Avoid mediumand large-sized in-person gatherings.

Why MIOSHA's regs remain top of mind

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