On April 9, 2020 Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-42 (Order), which rescinds and supersedes the original Stay Home, Stay Safe Executive Order No. 2020-21 (Former Order), which was issued March 23, 2020. The Order has clarified certain provisions of the Former Order while also making some substantive changes. Below is a high-level summary of those changes; please contact your Varnum attorneyfor more detail.
1. The Order went into effect April 9, 2020 at 11:59 p.m. It extends the existing stay at home/shelter-in-place rules through April 30, 2020.
2. The Former Order’s enforcement terms and penalties remain the same. Willful violations of the Order may result in a misdemeanor offense punishable by 90 days in jail and/or a $500 fine, and abuses of a business’s designation authority (with respect to its supply chain or workers) are subject to sanctions.
3. The Order expressly provides that workers do not need to carry copies of their critical designations or any other documentation when leaving home for work.
4. The Order clarifies that only Version 1.0 of the DHS/CISA Guidance regarding critical infrastructure, as issued March 19, 2020 is incorporated. The amended and expanded Version 2.0 of the DHS/CISA Guidance, as issued March 28, 2020 is expressly not adopted.
5. The Order prohibits individuals from travelling between residences within the state after April 10, 2020. The Former Order allowed such travel. The Order also expressly prohibits all travel to vacation rentals.
6. The new Order eliminates the requirement that critical infrastructure businesses designate their critical suppliers/distributors/service providers in writing. In other words, a written designation between businesses in a supply chain is no longer necessary. Suppliers, distributors and service providers can now determine on their own whether they are “necessary to enable, support, or facilitate another business’s or operation’s critical infrastructure work.” This ability to self-designate one’s business as critical then flows downstream to the remainder of the supply chain. (Also, note that such suppliers, etc., are still required to designate their own critical workers in writing.)
7. The Order designates certain additional workers as critical infrastructure workers, including those in the following businesses:
- Retail stores selling groceries, medical supplies and “products necessary to maintain the safety, sanitation, and basic operation of residences, including convenience stores, pet supply stores, auto supplies and repair stores, hardware and home maintenance stores, and home appliance retailers.”
- Laundromats and dry cleaners.
- Hotels and motels, if the hotel/motel does not offer certain amenities like gyms, pools, meeting rooms, etc.
- Motor vehicle dealerships, but only those workers necessary to facilitate remote/electronic sales or leases or to deliver vehicles to customers (the showroom must stay closed).
8. All businesses, operations and government agencies that continue in-person work must develop a COVID-19 preparedness and response plan. This plan must be consistent with OSHA’s Guidance on Preparing Workplaces, and the plan must be available at company headquarters or the worksite.
9. The Order generally provides that any store that continues in-person sales must do the following:
- Establish lines to regulate entry by customers.
- Utilize curbside pickup where possible.
- Stores with less than 50,000 square feet of customer floor space must limit the number of people in the store (includingemployees) to 25 percent of the total occupancy limits established by the relevant fire inspector.
- Stores with more than 50,000 square feet must:
- Limit number of customers in the store at one time (excluding employees) to four people per 1,000 square feet of customer floor space (which excludes the store areas closed per below).
- Close areas of the store – using signs, removing goods from shelves or other appropriate means – that are dedicated to the following classes of goods: carpet or flooring; furniture; garden centers and plant nurseries; and paint.
- By April 13, 2020 refrain from advertising or promoting goods that are not groceries, medical supplies or certain other items necessary for residences.
- Create at least two hours per week of shopping time dedicated for certain vulnerable populations.
10. The Order prohibits the advertising or renting of short-term vacation properties unless necessary for certain health care workers assisting in the COVID-19 response.