The Michigan Occupational Safety and Health Administration
(MIOSHA) has issued emergency health and safety rules aimed at
controlling, preventing, and mitigating the spread of COVID-19. The
emergency rules, which Governor Gretchen
Whitmer approved, represent a further effort to fill the void left
by a recent Michigan Supreme Court decision invalidating
many of the governor's COVID-19 executive orders.
The MIOSHA emergency rules were issued under Section 48(1) of
the Michigan Administrative Procedures Act of 1969 (APA), which
allows for the issuance of emergency rules without following the
notice and participation requirements of the APA"[i]f an
agency finds that preservation of the public health, safety, or
welfare requires promulgation of an emergency rule." The
MIOSHA emergency rules took effect on October 14, 2020, and will
remain in effect for six months. The emergency rules could be
extended for another six months under the APA, with the
governor's
