As everyone probably knows, the Michigan Supreme Court ruled that the Governor’s Executive Orders on COVID -19 have been unconstitutional after the original declaration of emergency. The court ruled 7-0 that the Governor needed to consult and work with the Legislature after the 28 days based on the 1976 Emergency Management Act that governs the emergency declaration. The Governor was following the 1945 Emergency Powers of Governors Act, to continue issuing declarations of emergency after the initial 28 days and this was ruled unconstitutional in a 4-3 ruling. This has created quite a stir trying to figure out when the Supreme Court ruling takes place. On Friday the Governor referenced a 21 day period that the COVID-19 declarations would remain in effect and many measures will continue under “alternative sources of authority.” This has been challenged by many saying that everything ended when the Supreme Court made their ruling. This is probably true but we still have to be vigilant and follow the MIOSHA guidelines that are in place to protect our employees and customers from harm. This means still supplying PPE and having measures in place to lessen the chance of transmission of the virus. Local Health Departments will step in and put rules in place for their county, but there are also questions on the legality.
Remember, the absence of executive orders does not mean the absence of COVID-19. The CDC guidelines are still in effect: Prepare your Small Business and Employees for the Effects of COVID-19. You can still enforce mask use and social distancing on private property, if you wish. Use an abundance of caution and common sense during these uncertain times. We want all businesses to stay open, safe, and COVID free. Everyone has spent a considerable amount of time and money to make sure their business is safe and is able to follow the guidelines that were in the Executive Orders. Even though the Executive Orders are not enforceable, many of the same guidelines are in the MIOSHA rules to keep your employees safe. Follow this link for OSHA rules: Guidance on Preparing Workplaces for COVID-19
On another note, MDARD has sent out a letter to plant groups saying they are asking to increase the plant inspection fees. I will forward the letter as soon as I receive a copy.
MainStreet@sbam.org | 231-301-4888