Lansing, MI – The Michigan Occupational Safety and Health Administration (MIOSHA) recently inspected and issued COVID-19 emergency rule or general duty citations to 16 different workplaces with violations for failing to protect workers and take safety precautions.
MIOSHA’s goal is to keep employees and workplaces safe. All agency activities focus on helping to protect the safety and health of Michigan workers. There are a variety of educational and consultative programs that businesses can participate in to ensure that they can comply, stay open and ultimately stay safe. The MIOSHA Ambassador Program offers education and one-on-one guidance to help businesses understand regulations on workplace safety. Additional information about the Ambassador Program and other resources to ensure safe and healthy working conditions can be found online at Michigan.gov/COVIDWorkplaceSafety.
Under MIOSHA’s Emergency Rules, businesses that resume in-person work must, among other things, have a written COVID-19 preparedness and response plan and provide thorough training to their employees that covers, at a minimum, workplace infection-control practices, the proper use of personal protection equipment (PPE), and steps workers must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19. An emergency rule citation carries a fine of up to $7,000.
The MIOSHA general duty clause requires an employer to provide a workplace that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee. A general duty clause citation carries a fine of up to $7,000.
On-site inspections conducted by MIOSHA’s general industry and construction industry enforcement divisions determined 16 employers allegedly committed violations by failing to implement necessary precautions to protect employees from contracting COVID-19. Deficiencies included a lack of health screenings, face coverings, employee training, and overall preparedness plans.
The cited employers have 15 working days from receipt of the MIOSHA citations to contest the violations and penalties. Employers must provide proof to MIOSHA that abatement has been completed. A cited employer may choose to enter into a Penalty Reduction Agreement with MIOSHA and agree to abate noted hazards by the abatement date provided within the citation and will receive a 50% reduction in penalties.
Through our outreach and education, we are seeing strong implementation of these mitigation measures. It is crucial that employers implement these strategies to protect their employees.
The latest MIOSHA citations were issued to the below companies for the following issues:
COVID-19 Emergency Rules Citations
- Belle Tire in Woodhaven, MI was fined $4,000 for violations of COVID-19 workplace safety requirements; including not removing an employee from the workplace suspected of having COVID-19, no physical barriers installed, and inadequately training employees on safeguards related to COVID-19. The inspection was initiated in response to an employee complaint.
- Adrian Urgent Care in Adrian, MI was cited for an other-than-serious violation of COVID-19 workplace safety requirements including not maintaining daily health screenings for all visitor that enter the workplace. The inspection was initiated in response to an employee complaint.
- Bloxsom Roofing and Siding Company of Traverse City, MI was fined $2,800 for violations of COVID-19 workplace safety requirements for not developing a preparedness and response plan, no documentation of daily health screenings, no disinfectant, no COVID-19 safety coordinator, and no face coverings worn on site. Total penalties, including other workplace violations, were $7,200. The inspection was initiated as a planned-programmed inspection.
- Bush Brothers Asphalt Paving, Inc. of Farmington Hills, MI was cited for an other-than-serious violation of Coronavirus Disease 2019 Emergency Rules, specifically the lack of a preparedness and response plan. Total penalties, including other workplace violations, were $400. The inspection was initiated as a planned-programmed inspection.
- Dana Incorporated in Saint Clair, Michigan, was fined $4,000 for violations of COVID-19 workplace safety requirements including failure to require face coverings when social distancing could not be maintained, not contacting the local health department when three known positive COVID-19 cases were detected at the workplace, and not maintaining a record of employee COVID-19 training, daily health screenings, and notification to the local health department of known COVID-19 cases at the workplace. The inspection was initiated as part of the MIOSHA COVID-19 Retail State Emphasis Program.
- Multi-Shores Development, L.L.C. of Traverse City, MI was fined $1,000 for violations of COVID-19 workplace safety requirements for lack of a preparedness and response plan and no face coverings. Total penalties, including other workplace violations, were $8,100. The inspection was initiated as a planned-programmed inspection.
- Allied Gutter Co. of Romulus, MI was cited for an other-than-serious violation of Coronavirus Disease 2019 Emergency Rules, specifically the lack of a preparedness and response plan. Total penalties, including other workplace violations, were $3,700. The inspection was initiated as a planned-programmed inspection.
- Complete Maintenance & Cabinetry Inc. of Algonac, MI was fined $2,800 for violations of COVID-19 workplace safety requirements including lack of a preparedness and response plan, failing to train employees on COVID-19 control strategies, lack of social distancing, and lack of face coverings when workers could not consistently maintain six feet of social distancing. Total penalties, including other workplace violations, were $5,360. The inspection was initiated as a planned-programmed inspection.
- Spartan Precision Machining Inc. was fined $2,800 for violations of the emergency rules for COVID-19 workplace safety requirements including not developing and implementing a written COVID-19 preparedness and response plan, not conducting daily entry self-screen protocols, not requiring face coverings to be worn when employees cannot consistently maintain 6 feet of separation, and not providing training to employees on SARS-CoV-2 and COVID-19. This inspection was initiated in response to an employee complaint.
- J&N Electric, Inc. of Ishpeming, MI was fined $400 for violations of COVID-19 workplace safety requirements for not developing a preparedness and response plan, no documentation of daily health screenings, not providing COVID-19 training, and no face coverings worn on site. Total penalties, including other workplace violations, were $2,000. The inspection was initiated as a planned-programmed inspection.
- Royal Roofing Co of Lake Orion, MI was fined $3,000 for a serious violation of Coronavirus Disease 2019 Emergency Rules, specifically the lack of a face coverings when workers could not consistently maintain 6 feet of social distance from other employees. Total penalties, including other workplace violations, were $8,400. The inspection was initiated as a planned-programmed inspection.
- Fusco Construction, LLC of Dundee, MI was fined $1,000 for serious violations of Coronavirus Disease 2019 Emergency Rules, specifically the lack of a preparedness plan, no face coverings, no hand sanitizer or washing facilities, not performing daily health screening of employees and no COVID-19 safety coordinator. Total penalties, including other workplace violations, were $4,100. The inspection was initiated as a planned-programmed inspection, view full citation document.
General Duty Citations
- Custom Electric LLC. in Wixom, Michigan was fined $2,800 for violations of COVID-19 workplace safety requirements including failure to train employees on COVID-19, failure to conduct the daily health screening including a questionnaire, failure to require face coverings, and failure to maintain social distancing. The inspection was initiated in response to a reinspection assignment, view full citation document.
- Stork Construction LLC. of Bingham, Mi. was fined $500 for violations of COVID- 19 workplace safety requirements including lack of a preparedness and response plan, failing to train employees on COVID- 19 control strategies, lack of social distancing, and lack of face coverings when workers could not consistently maintain six feet of social distancing. Total penalties including other workplace violations were $1,000. The inspection was initiated as a planned-program inspection, view full citation document.
- ACME Wire & Iron Works in Detroit, MI was fined $400 for violations of COVID-19 workplace safety requirements including failing to conduct the daily health screening and not ensuring face coverings were utilized. Total penalties including other workplace violations were $4,400. The inspection was initiated in response to a programmed assignment, view full citation document.
- AMB Construction LLC of Mount Clemens, MI was fined $2,100 for violations of COVID-19 workplace safety requirements including lack of a preparedness and response plan, failing to train employees on COVID-19 control strategies, lack of social distancing, and lack of face coverings when workers could not consistently maintain six feet of social distancing. Total penalties, including other workplace violations, were $2,900. The inspection was initiated as a planned-programmed inspection.
A complete list of MIOSHA COVID-19 workplace safety citations (PDF) is available online.
The Michigan.gov/COVIDWorkplaceSafety online resource includes factsheets, educational videos, a sample COVID-19 preparedness and response plan, best practices that employees need to follow and a reopening checklist to help businesses put safeguards in place.
For more information about MIOSHA’s safety and health guidelines to protect Michigan’s workforce during the pandemic, employers and employees with questions regarding workplace safety and health may contact MIOSHA using the new hotline at 855-SAFE-C19 (855-723-3219).
Source: MIOSHA