[Michlib-l] MDHHS Public Health Advisory

[Membiela, Clare (MDE)]

Greetings!
The Michigan Department of Health and Human Services has issued the text of the "Public Health Advisory" concerning masks.
The advisory can be accessed here:

https://www.michigan.gov/documents/coronavirus/Nov_19_2021_Public_Health_Advisory_741750_7.pdf

The advisory strongly recommends that people in "public indoor settings" (or people who are in an indoor environment with other members of the public) as well as "public establishments" (or, employers of businesses open to the public) wear masks and "implement masking policies"  for employees and members of the public entering the establishment (vaccinated and non-vaccinated). In other words, the recommendation is for all members of the public to wear masks within indoor public settings, and for establishments open to the public to implement mask requirements for employees and members of the public. The recommendation applies to vaccinated and unvaccinated people.

Please note that this advisory is NOT an order nor a directive. Public libraries are not required to enforce this advisory.

HOWEVER, it should be noted, that when investigating claims, MiOSHA considers an employer's workplace COVID-19 safety policies in light of current OSHA/MiOSHA standards as well as the CDC and state health authorities. This means that even though the new public health advisory is not mandatory, MiOSHA (according to a telephone conversation with a MiOSHA agent on 11/24/21) would likely consider the employer's decision not to follow practices strongly recommended by state public health authorities or other recognized authorities when investigating employer responsibility and/or citations for an outbreak of Covid-19 that occurs in that workplace (or, when investigating a complaint by an employee over mitigation policies/procedures).


What does this mean for public libraries?

Public libraries are encouraged to review the advisory against the Covid-19 mitigation strategies currently in place as part of their workplace safety protocols. Employee masking requirements as recommended by the public health advisory should especially be considered in light of the MiOSHA General Duty standard (MCL 408.1011  http://legislature.mi.gov/doc.aspx?mcl-408-1011).

Any employee mask requirement would have to also include appropriate accommodations/exemptions for medical or religious purposes.

Due to possible Constitutional issues, libraries should consult their attorneys before implementing mandatory mask requirements for patrons.

Libraries should consult their attorneys to ensure that their workplace safety plans are legal and appropriate.

Take Care!
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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