[Michlib-l] Masking, MDHHS, MiOSHA, Oh My!

[Membiela, Clare (MDE)]

Hello!

We have posted two new info sheets to the Library of Michigan pandemic resources page (Please note that they may need a bit of time for the cache to clear before they appear).

So, what's the scoop on masking?

First, Libraries must still comply with the MiOSHA Emergency Rules!

To address the conflict between the current emergency rules and the MDHHS order with regards to masking, MiOSHA last evening released a statement<https://www.michigan.gov/leo/0,5863,7-336-100207---,00.html> indicating that until their updated rules were released, they would consider compliance with the MDHHS Order revised masking guidelines to be "Good Faith" compliance with the MiOSHA masking requirements.

So, Libraries may make the determination to loosen masking requirements for staff and patrons. HOWEVER, the exception to masking applies ONLY to the circumstances in section 7 off the order (including FULLY VACCINATED people). Children 2-11, and anyone not vaccinated (including kids 12 and up) MUST continue  to wear masks. Section 6a includes signage requirements and a requirement that libraries ask any patron or employee without a mask which exemption the fall into. Libraries MAY ask employees' vaccination status. They may NOT ask patrons' vaccination status.

Libraries can impose a stronger mask policy for employees than the MDHHS Order permits.

PLEASE READ the MDHHS Order<https://www.michigan.gov/coronavirus/0,9753,7-406-98178_98455-559589--,00.html>, and the linked information, and consult your library attorneys for advice on the best option for your library.

COVID-19 NOW (May 17, 2021) - https://www.michigan.gov/documents/libraryofmichigan/State_of_COVID-19_May_17_2021_725726_7.pdf
The MDHHS Gatherings and Facemask Order of May 15, 2021 - https://www.michigan.gov/documents/libraryofmichigan/How_the_May_15_2021_Gatherings_and_Face_Mask_Order_Affects_Public_Libraries_725765_7.pdf


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.

Are you, or do you know, a certified teacher wanting to get back to the classroom?
We can help streamline the path back. Please click here<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.michigan.gov%2Fmde%2F0%2C4615%2C7-140-5683_14795_83462-556448--%2C00.html&data=04%7C01%7CMembielaC%40michigan.gov%7Cc7328dd10c5a424f0f5708d90f181de0%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637557418559429105%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=9cmKOe%2BLb5fObgPjhF2D8gJyTdUIcZTns%2BevuUJSU%2Bc%3D&reserved=0>.

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