COVID-19, Enforcement and Inspection

A New Round of COVID-19 Citations in Michigan

The Michigan Occupational Safety and Health Administration (MIOSHA) inspected and issued citations at several more workplaces for violations of the General Duty Clause and the state’s emergency temporary standard (ETS) for COVID-19 exposures.

Michigan flag and COVID-19

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The agency announced an earlier round of citations in December.

MIOSHA’s general industry and construction industry enforcement divisions conducted on-site inspections and alleged several employers failed to implement necessary precautions to protect employees from contracting COVID-19. Lapses in compliance included a lack of health screenings, face coverings, employee training, cleaning measures, and overall preparedness plans.

Employers most recently cited by MIOSHA included:

  • At Home Stores in Roseville, Michigan, was fined $7,000 following an inspection in response to an employee complaint for violations that included not developing an infectious-disease preparedness and response plan for protective actions against COVID-19 and not conducting daily in-person or virtual health checks of employees before they entered the facility.
  • South Lake Public Schools in Saint Clair Shores, Michigan, was fined $4,900 following an inspection initiated in response to an employee complaint for violations that included not developing an infectious-disease preparedness and response plan for protective actions against COVID-19; not providing COVID-19 training to employees; and not conducting daily in-person or virtual health checks of employees before they entered the facility. The employer was also fined $4,900 for not developing, implementing, and maintaining a written hazard communication program, for a total of $9,800 in penalties.
  • Autozone in Davison, Michigan, was fined $4,000 following an inspection initiated in response to an employee complaint for violations that included not developing an infectious-disease preparedness and response plan, not requiring employees to wear cloth face coverings, and not requiring employees to maintain social distance.
  • Memphis Fire Department in Memphis, Michigan, was fined $2,100 for violations that included not developing an infectious-disease preparedness and response plan for protective measures against COVID-19; not providing COVID-19 training; not conducting daily in-person or virtual health checks of employees before they entered the facility; and not ensuring that employees wore a cloth face covering.
  • Kokomos Family Fun Center in Saginaw, Michigan, was fined $2,000 following an inspection initiated in response to an employee complaint for violations that included not developing an infectious-disease preparedness and response plan, not requiring employees to wear cloth face coverings, not requiring employees to social distance, and not posting signs for non-English speakers advising employees to stay at home when sick and of proper cough and sneeze etiquette.
  • Daner’s Diner in Lapeer, Michigan, was fined $1,900 following an inspection initiated in response to an employee complaint for violations that included not developing an infectious-disease preparedness and response plan; not providing training on COVID-19; not increasing facility cleaning and disinfection to limit SARS-CoV-2 exposure; not establishing procedures for disinfecting the worksite if it is suspected or confirmed that an employee, a visitor, or a customer has a known case of COVID-19; not conducting a daily self-screening protocol for employees; not designating a COVID-19 safety coordinator on-site; not posting signs advising employees to stay at home when they are sick; not posting signs advising employees of proper cough and sneeze etiquette and hand hygiene; not keeping everyone on the worksite premises at least 6 feet from one another through the use of ground markings, signs, and physical barriers; not providing non-medical-grade face coverings to employees working on-site; and not requiring the use of face coverings for employees who work less than 6 feet from other individuals on-site.

Under the emergency state rule, Michigan businesses must have a written COVID-19 preparedness and response plan and provide training that covers infection-control practices in the workplace, proper use of personal protective equipment (PPE), steps workers must take to notify their employer of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19, and how to report unsafe working conditions.

The National Association of Manufacturers (NAM) expects a Biden administration Labor Department to issue a federal ETS for COVID-19 that could include employer requirements for written plans, hazard assessments, testing, recordkeeping and reporting, and paid sick leave and pay for the time required for employee testing.