New Laws Protect Workers from Spread of COVID-19 and Businesses that Implement Safety Measures

November 2, 2020

Governor Gretchen Whitmer recently signed House Bills 6030, 6031, and 6032 into law. The new laws protect Michigan workers from the spread of COVID-19 and businesses that implement safety measures to keeps workers, customers, and their families safe.

Protection for employees

  • The new law requires employers to allow workers who are exposed to or exhibit the symptoms of COVID-19 to stay home.
  • Employers may not retaliate against employees for staying home when sick or exposed to the virus.
  • The law protects employees who report violations related to COVID-19.
  • Employee protections do not apply when workers display symptoms of COVID-19 and fail to make reasonable efforts to schedule a COVID-19 test within three days.

Businesses that violate the law face fines of $5,000 or more.

Protections for business owners

The new laws also protect Michigan businesses that comply with relevant COVID-19-related laws, including epidemic orders and rules. The law makes clear that when a business complies with all COVID-19 related statutes, orders, and rules issued by federal, state, and local authorities, they cannot be held liable for a person becoming sick at the business.

The law further reiterates that when an employer complies with COVID-19 related statutes, orders, and rules issued by federal, state, and local authorities, they cannot be held liable under the Michigan Occupational Health and Safety Act for a worker becoming sick at work.

Additional guidance

The law states that when a person tests positive or has been exposed or displays symptoms, he or she shall not return to work until:

  • 14 days have passed since the employee had contact with an individual who tested positive; or
  • The individual with whom the employee had close contact received a medical determination that they did not have COVID-19 at the time of proximity.

Help is available

The business attorneys at O’Reilly Rancilio are available to answer your questions related to COVID-19 in the workplace. For help or additional information, please call 586-726-1000 or visit our website.

Categories: Business, Covid 19