FACT BRIEF

Is Michigan considering new rules that could allow it to extend some coronavirus restrictions indefinitely?

Thursday, May 6, 2021

By Austin Tannenbaum

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YES

In April 2021, Michigan extended pandemic-related emergency regulations for businesses for a further six months. Business groups have expressed concern about a further state regulatory change that would allow authorities to apply the same rules after the October 14 expiration of the emergency. A draft regulation from the Michigan Occupational Safety and Health Administration reads in part: “Within 21 days of the expiration or rescission of any remaining emergency order issued for COVID-19...the department shall examine the continued need for these COVID-19 rules.”

The Michigan Chamber of Commerce says adoption of the rule would “adversely impact jobs and hurt the economy.” The rules don’t reflect more recent federal and scientific advice and lack a “concrete sunset provision,” the chamber says.

The state has scheduled a public hearing on the proposed changes for May 26.

This fact brief is responsive to conversations such as this one.

Sources

State of Michigan Certificate of need for extension of emergency rules

Michigan Occupational Safety and Health Administration Draft: General industry and construction safety and health Standard (downloadable Word document)

Michigan Chamber of Commerce MIOSHA begins pursuing ‘permanent’ MIOSHA COVID-19 workplace safety rules

State of Michigan Notice of May 27 MIOSHA public hearing on permanent COVID-19 workplace rules

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