Foster Swift Legal Update E-blast
April 9, 2020
Governor Whitmer’s newest order, Executive Order 2020-42 (“EO 2020-42”), updates and replaces her previous “stay-home, stay-safe order,” Executive Order 2020-21 (“EO 2020-21”). EO 2020-42 extends the order through April 30, 2020, and modifies the travel exceptions for individuals and the restrictions on some businesses.
Exceptions for Individuals
EO 2020-42 clarifies and narrows the travel exceptions for individuals. Individuals are restricted from leaving their place of residence except to travel as necessary. Under the previous order, residents could leave home for outdoor activities. The Governor has updated EO 2020-42 to include previous clarifications that expanded outdoor physical activity to include kayaking, canoeing, and other similar activities. It also puts new restraints on travel between two residences and explicitly prohibits the travel to vacation rentals, as well as the advertising and renting out of vacation properties. The prohibition between two residences appears to bar travel to and from second homes and vacation homes.
Exceptions for Critical Infrastructure Workers
Notably, EO 2020-42 does not adopt the updated Guidance on the Essential Critical Workforce published by the director of Cybersecurity and Infrastructure Security Agency (the “CISA Guidance”). The March 28 CISA Guidance expands the definition of “critical infrastructure worker” to include employees in industries such as landscaping and new home building, among others. Instead, Michigan businesses are still governed by the more restrictive March 19 CISA Guidance.
The order has also incorporated some of the Governor’s previous interpretations; it provides exceptions for laundromats, hotels, and motels (provided they do not off their in-house amenities like the pool and gym), and car dealerships that process electronic sales and leases.
Supplier, Distributor, and Service Provider Designations
Previously, a business that employs critical infrastructure workers could designate suppliers, distributors, and service providers that are necessary to enable, support, or facilitate the operations of the original business. A business that employs critical infrastructure workers is no longer required to designate its downstream providers. Instead, the burden is on the supplier, distributor, and service provider to determine if its work is necessary to support the critical infrastructure work of a business.
New Guidelines for Operating
The biggest changes, except for extending the lockdown, govern how businesses are allowed to conduct in-person operations. Businesses must now adopt a COVID-19 preparedness and response plan. The plan should include:
- Steps to reduce worker exposure to COVID-19;
- Identification and isolation of potentially infectious persons;
- Information to help employees self-monitor for signs and symptoms of COVID-19;
- Policies and procedures for employees to report when they are sick or experiencing COVID-19 symptoms; and
- Other steps to limit the spread of respiratory secretions, such as encouraging employees to cover their noses and mouths.
Any store that remains open must:
- Establish lines to regulate entry;
- Consider establishing curbside pick-up;
- Establish 2 hours per week for shopping by vulnerable populations;
- For stores less than 50,000 square feet in customer floor space, they must limit the number of people in the store to 25% total occupancy; and
- For stores greater than 50,000 square feet, they must limit the number of customers to 4 people per 1,000 square feet, excluding any area that must be closed off.
Stores must close off areas that are dedicated to selling carpet or flooring, furniture, garden centers and plant nurseries, and paint. Furthermore, advertising is limited to promotion of groceries, medical supplies, or other items necessary to maintain the safety, sanitation, and basic operation of residences.
EO 2020-42 keeps in place restrictions on the type and number of workers, the standards for cleaning and disinfecting surfaces, and other social distancing practices and mitigation measures.
Please contact your Foster Swift attorney if you have any questions regarding Executive Order 2020-42:
- Mid-Michigan - John Mashni | 517.371.8257 | firstname.lastname@example.org
- Southeast Michigan - Matthew Fedor | 248.785.4734 | email@example.com
- West & Northern Michigan - Laura Genovich | 616.726.2238 | firstname.lastname@example.org
This article is current as of time of publication. Due to rapidly changing circumstances and updated regulations, we encourage you to confirm with your attorney and/or other advisors to make sure you are operating with the most current information.