[Michlib-l] MDHHS Order Information

Mon Nov 16 16:25:02 EST 2020

MDHHS Emergency Order under MCL 333.2253 - Gatherings and Face Mask Order, November 18, 2020
(This order goes into effect Wednesday November 18,2020  and is in effect until Wednesday December 4, 2020)

Below is an explanation of the sections of this order that are most likely to impact libraries.

HOWEVER, library directors, boards and staffs are strongly encouraged to read the entire order<https://www.michigan.gov/coronavirus/0,9753,7-406-98178_98455-545136--,00.html> for themselves and consult with their legal counsel on any new policies or policy changes that may need implementation.
The full text of this information sheet will be available today on the LM Coronavirus Resources page at https://www.michigan.gov/libraryofmichigan/0,9327,7-381-88855_98256---,00.html
What does this mean for libraries?
The order has to be read as a whole because there are exemptions that affect the implementation of the requirements listed, as well as requirements in sections that relate to, or affect restrictions listed in other sections. Reviewing the relevant language above, in the context of the order as a whole,here are how these sections could impact libraries:

  *   30% Occupancy Limit - INCLUDING EMPLOYEES. Occupancy limit is determined by Fire Marshall's determination of building occupancy limited to 30% of that occupancy.
(Remember, under the MiOSHA Emergency Rule (5(8)<https://www.michigan.gov/documents/leo/leo_miosha_COVID-19_Emergency_Rules_705296_7.pdf> , employees who can accomplish their work duties by working from home, must work from home, so only those employees whose work must be done on site should be in-person) Per MiOSHA, employer preference is not a legitimate reason for refusing to implement remote work if work can be done remotely.

HOWEVER, if adhering to the 30% requirement (including employees whose duties require them to be physically at the workplace) would mean that a library could not admit patrons (a small library that would meet or exceed 30% occupancy with staff alone), patrons can be admitted one at a time. (Curbside service would also be an option here).

  *   No in-person public meetings- Unless your board and public all live in the same house, public meetings must be virtual. There are no exemptions to 2(a)(2) - Indoor gatherings (gatherings are people from 2 or more different households in a shared space) prohibited at non-residential venues - for public meetings. Unless your board lives together in one house, a hybrid meeting is also not possible.

  *   No use of meeting/community/study rooms by people from more than one household at the same time - even members of the same family but different households is not permitted (see definition of "Household," above).

  *   No in-person programs or story times/hours involving people from different households (including Storyteller/employees)

     *   Except - In pre-K-8  School/Public Libraries as part of a regular class session subject to local health department and school district decisions under section 5(b) of the emergency order in compliance with all appropriate distancing and masking as required by MiOSHA and the School requirements. NO PUBLIC PROGRAMMING/STORY HOUR

  *   CAN provide other in-person library services as long as

     *   30% Occupancy Limit is followed
     *   Social distancing is maintained and enforced
     *   Masks are enforced
     *   Planned, sustained (6 minutes or more) gatherings of patrons/staff from more than one household are prevented.
     *   Other MiOSHA cleaning and mitigation requirements are being adhered to.

  *   Face mask requirement.

     *   Everyone must wear a facemask if gathering outside the home.
     *   Government offices/entities must require face masks for patrons and employees
        *   Unless individual falls within exceptions.  Each of these are available with a verbal assertion by patron.

           *   Medical condition (Verbal assertion is enough)
           *   Younger than 5
           *   Communicating with a person who is deaf, deafblind, or hard of hearing and whose ability to see the mouth is essential to communication.
           *   Actively engaged in a public safety role (law enforcement, firefighters, EMT, etc.)
           *   Are at a polling place for purposes of voting in an election.
           *   Exercising outdoors 6ft away from others
           *   Swimming
           *   Eating or drinking while seated at a food establishment or private residence.
           *   Engaging in a religious service
           *   Giving a speech for broadcast or an audience (as long as audience is at least 6ft away from speaker).

        *   A patron entering library without a facemask may not be assumed to be exempt.

  *    Contact tracing

     *   Library Privacy Act, section 2(i), MCL 397.602(i)<http://legislature.mi.gov/doc.aspx?mcl-397-602>, specifically includes patron personal information such as name, phone number and address as "Library records," and therefore protected from dissemination except by written permission of the patron.

     *   Libraries should NOT maintain lists of visitors to the library. This is NOT currently required by the Emergency order.

     *   Section 9(c) requires entities to hand over information upon request of Health Department. Any library receiving such a request should contact their attorney before handing over requested information.

Libraries are encouraged to consult their library attorney for advice on policies and enforcement.
Questions? Don't hesitate to contact us!
Thanks!
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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