Michigan Continues to Cite Employers for COVID-19 Violations

The Michigan Occupational Safety and Health Administration (MIOSHA) announced citations of 10 additional employers for violations related to workplace COVID-19 exposures. The state agency cited seven employers for violations of its emergency temporary COVID-19 rules and three employers under the General Duty Clause.

Violations of the General Duty Clause and the emergency rules both carry fines of up to $7,000. The emergency COVID-19 rules issued on October 14, 2020, remain in effect for 6 months. MIOSHA has cited a total of 67 employers for violations related to COVID-19 exposures.

Employers cited under the emergency COVID-19 rules included:

• Tri-Unity Christian School of Wyoming, Michigan, inspected in response to an employee representative complaint, cited for two serious violations and two other-than-serious violations, and fined $2,000 for failing to conduct a daily health screening, including a questionnaire; failing to require face coverings when social distancing could not be maintained; failing to place posters in the workplace encouraging workers to stay away from work when sick; and failing to maintain or retain documentation for training and entry screening;
• BC&F Tool Company Inc. of Oak Park, Michigan, inspected in response to an employee complaint and cited but not fined for not developing a written COVID-19 preparedness and response plan;
• United Resin Corporation of Royal Oak, Michigan, inspected in response to an employee complaint and cited but not fined for not developing a written COVID-19 preparedness and response plan;
• Commercial Fabricating & Engineering of Highland, Michigan, inspected during a reinspection and cited but not fined for not developing a written COVID-19 preparedness and response plan but also found in violation of non-COVID-19 workplace safety regulations and fined $14,700;
• AIS Automation Systems Inc. of Rockwood, Michigan, inspected in response to an employee complaint and cited but not fined for not developing a written COVID-19 preparedness and response plan;
• Michigan Die Casting of Dowagiac, Michigan, inspected in response to an employee complaint, cited, and fined $16,800 for violations such as a lack of a COVID-19 preparedness and response plan, failure to train employees on the workplace controls for COVID-19, failure to implement a self-screening protocol for COVID-19, a lack of increased cleaning or disinfecting of the facility, not providing face coverings, and not enforcing the use of face coverings; and
• J. Manufacturing Co., Inc., of Madison Heights, Michigan, inspected under a programmed inspection and cited but not fined for not developing a written COVID-19 preparedness and response plan.

Employers that received General Duty Clause citations from MIOSHA included:

• Powerhouse Gym Troy Inc. of Troy, Michigan, inspected in response to a referral, cited, and fined $700 for the lack of a preparedness and response plan; failing to conduct a daily health screening, including a questionnaire; and failing to require face coverings when social distancing could not be maintained;
• K2 Holdings LLC of Fenton, Michigan, inspected in response to an employee complaint, cited, and fined $2,100 for violations such as failing to train employees on COVID-19; failing to conduct a daily health screening, including a questionnaire; failing to require face coverings when social distancing could not be maintained; and failing to use signs, tape marks, or other visual cues showing where people (workers, customers, and visitors) were to stand to maintain social distancing; and
• Plastic Development Group LLC of Southfield, Michigan, inspected in response to an employee complaint, cited, and fined $2,100 for violations such as the lack of a preparedness and response plan; failing to conduct a daily health screening, including a questionnaire; and failing to require face coverings when social distancing could not be maintained.

Michigan was one of four states, along with California, Oregon, and Virginia, that established emergency temporary standards (ETSs) last year for workplace COVID-19 exposures. On January 13, the Virginia Safety and Health Codes Board adopted a final permanent COVID-19 standard.

On January 21, President Joe Biden issued Executive Orders directing the federal Occupational Safety and Health Administration (OSHA) to consider establishing a COVID-19 ETS by March 15 and issue updated employer guidance within 2 weeks.