On March 23, 2020 Governor Whitmer announced executive order 2020-21 (the “Order”) which temporarily closes certain businesses in Michigan. The Order is scheduled to lapse at midnight on April 13, 2020.
What business activities are not prohibited by the Order?
The Order generally prohibits all in-person business activity but exempts certain critical infrastructure workers. “Critical infrastructure workers” are all workers listed in this guidance from the Director of the U.S. Cybersecurity and Infrastructure Security Agency, which includes certain workers in the following private industries: healthcare, public safety, food and agriculture, energy, water and wastewater, transportation and logistics, public works, communications and information technology, critical manufacturing, hazardous materials, financial services, chemical supply chains, and the defense industrial base.
In addition, the following persons are considered critical infrastructure workers:
If my business conducts any critical infrastructure functions, which employees may continue in-person activities?
Businesses must determine which of its employees are critical infrastructure workers and designate them as such in writing (provided that designations may be made orally until March 31, 2020 at 11:59 p.m.). Only these designated employees may continue in-person activities. Any of the following workers may continue in-person activities without designation, however:
If my business conducts critical infrastructure functions, what additional health measures must I follow at my facilities?
Businesses must adopt social distancing practices for any continuing in-person activities. The Order specifically requires the following measures:
What if I have other questions about the Order?
Michigan has provided limited guidance regarding the applicability of the Order here. In addition, the experienced attorneys at Gielow, Groom, Terpstra & McEvoy in Muskegon are familiar with the provisions of Governor Whitmer’s “Stay Home, Stay Safe” executive order, and stand ready to answer any further questions you may have.
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