Regenerating Michigan's Economy and Protecting Workers' Rights and Public Health Recommendations from Senate Democratic Workgroup Members

Preface

Re-opening the economy amid the COVID-19 pandemic is a balancing act between getting people back to work and protecting public health. The restoration of the public trust is also of paramount importance as states plan to move forward. While social distancing measures and stay-home orders across the United States have helped to flatten the curve, states must proceed cautiously as they look to safely scale up economic activity.1

According to the Journal of the American Medical Association (JAMA), as states begin to loosen restrictions, they need to ensure that they have the capacity to test both symptomatic and asymptomatic individuals, significantly reduce rates of home-based transmission, and have adequate hospital capacity to care for patients without operating in crisis-mode.2 Further, states must see a period of sustained reduction in cases and have the public health infrastructure to increase surveillance for monitoring cases and doing contact-tracing.3

Information about COVID-19 is constantly evolving, and health experts are regularly updating guidance and standards as they learn more about the novel virus.4 It is also important to bear in mind that regardless of any recommendations or decisions made going forward, there will always be external factors that are out of our control impacting how we move forward in reviving sectors of the economy. Valuing workers' rights and safety also comes with an important recognition that part-time, low-wage, or non-unionized workers often face larger challenges that must be centered in our efforts. The reopening of our economy will be dependent on having a sufficient supply of Personal Protective Equipment (PPE), sanitation supplies, thermometers, food resources, and testing kits.

Background

Like many states, Michigan has been operating in a state of emergency since early March when Governor Whitmer signed an emergency disaster declaration after the first cases of COVID-19 were reported.5 The subsequent weeks saw the number of cases of COVID-19 increase significantly in Michigan, leading Governor Whitmer to sign a new order declaring both a state of emergency and disaster.6

Almost sixty executive orders have since been signed by the Governor, most notably an order temporarily shuttering certain businesses and places of public accommodation to mitigate the

1 https://www.washingtonpost.com/nation/2020/04/01/lockdown-coronavirus-california-data/ 2 https://jamanetwork.com/journals/jama/article-abstract/2764366 3 https://www.aei.org/research-products/report/national-coronavirus-response-a-road-map-to-reopening/ 4 https://blogs.cdc.gov/publichealthmatters/2020/03/staying-informed/ 5 https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-489228--,00.html 6 https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-524025--,00.html

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On April 24th, 2020, Governor Whitmer issued a new order extending the "Stay Home, Stay Safe" policy until May 15th, and easing some of the employment restrictions to allow some low- risk types of employment to operate (i.e. landscaping, nurseries, non-essential retail for curbside pickup, etc.), provided they adhere to strict social distancing standards and other mitigation measures recommended by the CDC.9

Prior to the latest order, Senate Majority Leader Mike Shirley (R-Jackson) announced the formation of the “Safe Behaviors for Safe Workplaces” workgroup in early April, a bipartisan workgroup tasked with exploring safe ways to gradually reopen Michigan’s economy. The group met a total of eight times, bringing in state regulators and representatives from public health, small business, manufacturing, labor, and workers’ rights groups. A diverse range of stakeholder ideas were discussed throughout the workgroup process to help guide us in establishing recommendations.

The workgroup was comprised of 3 Democratic senators and 3 Republican senators:

Senator Ken Horn, Chair Senator 32nd District 3rd District R-Frankenmuth D-

Senator Stephanie Chang Senator 1st District 37th District D-Detroit R-Traverse City

Senator Senator Curt VanderWall 11th District 35th District D-Southfield R-Ludington

While the workgroup discussions were productive and amicable, we were unable to reach a consensus with our Republican counterparts on what Michigan’s path forward should be. The group agreed in some areas and differed vastly in others. This report represents the recommendations that we, Senators Chang, Moss & Santana, endorse as the Democratic members of the Safe Behaviors for Safe Workplaces workgroup.

7 https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-525927--,00.html 8 https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-525182--,00.html 9 https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-526894--,00.html

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Recommendations

Public Health

1. Adopt a statewide resurgence plan.

The experiences in countries like Singapore and Hong Kong are examples of what can happen if communities return to normal too quickly. Singapore was once hailed as a country that handled the pandemic impeccably -- with aggressive contract-tracing, travel restrictions, and stringent social distancing requirements. Then standards were relaxed, and the virus made a vicious comeback.10 Hong Kong had a similar experience; they effectively slowed the virus, returned to normal too soon, and cases drastically increased.11 Scientists and health experts agree that if the United States is not careful in its approach in re-opening the economy and easing restrictions, we will see another surge of the virus.12 As such, we recommend adoption of a COVID-19 resurgence plan, so that the state is ready to respond immediately if cases start increasing again after a period of sustained reduction. At a minimum, the plan should require:

• Immediately reverting to strict stay home and social distancing standards if there is a sudden spike in cases. • Increased educational outreach to the public so they are aware of the virus's return. • Re-deployment of certain state workers, as necessary, to assist local public health departments with increased contract-tracing.

2. Require employers to provide a list of all locations in the county that perform COVID-19 testing to their employees.

The ability to test all Michiganders, regardless of symptoms, would be ideal. We support efforts at the federal level to increase funding for testing. Unfortunately, however, there are external factors that may interfere with the state's ability to ramp up testing capacity. A reasonable compromise would be to require employers to obtain a list of testing sites from their local public health department and make it readily available to employees.

3. Release guidelines that clarify what types of PPE and disinfecting products are proven to mitigate the spread of COVID-19 the most effectively.

There has been some confusion around what is considered the safest PPE and which disinfectants kill the virus. It would be beneficial to employers, employees, and the public to have a clear understanding of how to best protect themselves. The guidelines should include, at a minimum:

10 https://www.nytimes.com/2020/04/20/world/asia/coronavirus-singapore.html 11 https://www.statnews.com/2020/03/26/coronavirus-hong-kong-resurgenece-holds-lesson-defeating-it- demands-persistence/ 12 https://thehill.com/changing-america/well-being/prevention-cures/489737-study-warns-of-second- waves-of-covid-19-if

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• A list of EPA-registered disinfectants for COVID-19.13 • Information on the appropriate use of PPE in the workplace, building off the CDC's instructions for use in healthcare settings.14 • Clarification on the effectiveness and appropriateness of cloth or homemade masks in specific settings. • Guidance on what to do when recommended PPE and sanitation supplies are unavailable.

Safe Workplaces

1. Create a Statewide COVID-19 Safety Standard

We recognize that every work environment is unique, and employers and business owners should have the flexibility to create safety plans that are tailored to their work environments. However, there is a need for a consistent and mandatory baseline standard that businesses and local governments can strive to exceed.

• The Michigan Department of Health and Human Services (MDHHS), the Michigan Occupational Safety and Health Administration (MIOSHA), and other appropriate state regulatory agencies should collaborate to develop a general industry standard as well as industry-specific standards to mitigate the risks of COVID-19 exposure in the workplace. • Once trained themselves, employers must provide training for their employees to ensure that they understand how to comply with the safety standards. If federal or state standards or guidelines are updated, employers must provide updated training as soon as possible. • Employers must provide training acknowledgment forms for employees to sign and keep record of for at least one year.

In navigating the complexities of reviving economic activity during a global pandemic, business owners and employers must join their partners in government, including the MIOSHA, the MDHHS and local health departments, to establish protocols that ensure the safety of their employees.

2. Establish Mandatory Screening Protocols

• Employers must screen all employees to check for fever (using a touchless thermometer, if possible), shortness of breath, cough, chest pain, body aches, sore throat, general confusion, or digestive symptoms such as diarrhea, vomiting, or abdominal pain.

13 https://nypost.com/2020/03/06/the-best-disinfectants-for-combating-coronavirus-epa-alert/ 14 https://www.cdc.gov/coronavirus/2019-ncov/hcp/using-ppe.html

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• Employees who exhibit one or more of the symptoms must be instructed to quarantine at home until 3 days have passed since their symptoms have resolved, and 7 days have passed since they were tested, or their symptoms first appeared.15 • Employees who have been in close contact with a symptomatic individual or an individual with a confirmed positive diagnosis must quarantine in their home for a minimum of 14 days before returning to work. • Employers must designate one or more employees to administer health screenings as employees enter the worksite. • Employers must provide a written copy of the screening protocol to all their employees. • Employers must keep record of all symptomatic employees and report cases to their local public health department.16 • If an employee falls ill while at work, an employer must take the following actions: o Close off any areas where the worker was present in the past 7 days; o Wait 24 hours, if possible, to disinfect areas the worker was last present in an area before disinfecting; o Follow the CDC’s recommended disinfectant methods, cleaning any areas used by the employee in the past 7 days.17

3. Establish Mandatory Social Distancing Policies

At a minimum, worksite social distancing policies should:

• Follow the most up-to-date CDC guidance on social distancing.18 • Require employees to work alone whenever possible. • Require employees to work remotely whenever possible. • In work environments with customers, notices should be conspicuously posted throughout the workplace informing customers and employees that 6 feet of space must be maintained at all times between individuals that are not a part of the same household. • Encourage customers to utilize phone, email, and videoconferencing for communications regarding services, products, and other items whenever possible. • Consult with the local fire marshal to set occupancy limits based on the facility’s square footage.

15 https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html 16 https://www.mckinsey.com/~/media/McKinsey/Industries/Public%20Sector/Our%20Insights/How%20to%2 0restart%20national%20economies%20during%20the%20coronavirus%20crisis/How-to-restart-national- economies-during-the-coronavirus-crisis-vF.ashx 17 https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility-H.pdf. 18 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html

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• Prohibit employees from sharing work vehicles. • Require that appointments be made with customers to limit walk-ins, when feasible for the work environment. • Reconfigure worksites so that 6 feet of physical distance can always be maintained between all persons. • Stagger shifts and breaks to minimize the opportunity for workers to come into close contact. • Require employees to wear facemasks, when wearing one does not interfere with their safety.

4. Establish Robust Sanitation Policies

At a minimum, the worksite must: • Follow CDC guidelines on properly cleaning and disinfecting workplaces. Increase routine cleaning and disinfecting of high touch surface areas such has faucets, light switches, toilets, door knobs, and work surfaces.19 • Use EPA-registered disinfectants. • Train staff on proper sanitation practices. • Update hours of operation to allow sufficient time to thoroughly clean and disinfect workplace areas, equipment, and vehicles. • Provide personal protection equipment and hygienic products to employees at no cost. • Establish a mandatory hygiene policy for employees and post signage where appropriate: o Require employees to wash their hands with soap and water for at least 20 seconds or use hand sanitizer with at least 70 percent alcohol between each customer interaction. o Encourage employees to wash their work clothing after each workday, particularly if they wear any sort of uniform or mandatory work attire. o For outdoor construction sites, employers must make good faith efforts to ensure that running water is available so that employees can wash their hands. • Provide frequent breaks to allow for proper handwashing. • Encourage the use of credit cards and contactless payments for transactions when possible.

19 https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html

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• Require that all employees wear, at minimum, a cloth face mask that covers the nose and mouth. *This should not be required in work environments where this may pose a safety risk. • Train employees on the most effective way to properly wear, remove, and dispose of PPE. Workforce Support

Comprehensive assistance for workers must be available if they, or their family, fall ill upon the reopening of the economy. Returning employees will return to a work environment that is starkly different than anything they have experienced before. It is our goal to highlight the best practices, regulations, and public health considerations that will mitigate the potential for the spread of COVID-19. However, the health risks created by COVID-19 cannot be eliminated until an effective vaccine is approved widely distributed. Workers considering returning to work, and their families, must balance the benefit of returning to work with protecting the health of themselves, their families, their community, and the state. We recommend that reopening plans do not force workers to choose between financial ruin and safety. The following protections should be in place:

1. Workers’ Compensation Eligibility

While workers’ compensation benefits are available for individuals who become infected at work, identifying the point of infection is extremely difficult. Thus, individuals who are unable to pinpoint their time of infection may face difficulty in obtaining workers’ compensation benefits. The Governor addressed this issue for first-response employees, who are now presumed to have contracted the virus during their employment.20 We recommend this presumption be extended to workers who return to their workplace during the COVID-19 pandemic.

2. Paid Family Care Leave and Paid Medical Leave

The decision to return to work will be multidimensional for workers. Individuals returning to work must base their decision on multiple factors, including access to transportation, childcare, and the increased risk of transmitting the virus to vulnerable family members. Workers who work in an industry that has been reopened may simply be unable to immediately return to work. These issues were addressed federally by the Families First Coronavirus Response Act, which temporarily expanded sick leave and family leave for certain employees.21 As suggested by the Michigan League for Public Policy22, in the long-term we need to:

20 https://www.michigan.gov/documents/leo/WDCA_COVID-19_First_Response_ER_686779_7.pdf 21 https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave 22 https://mlpp.org/public-policy-response-to-the-covid-19-outbreak-in-michigan-paidleave/

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• Expand paid sick leave coverage to all workers during the COVID-19 pandemic and beyond, regardless of the size of the company they work for and irrespective of whether they are full-time or part-time employees; • Allow workers to accrue at least 72 hours of paid sick leave per year.

3. Childcare

The closure of schools and childcare facilities may prove to be an insurmountable hurdle for working families. As we reopen the economy, families must be assured that childcare facilities protect the health and safety of children and their families. Currently, childcare options are available for critical health care workers and first responders. We must continue to focus on increasing childcare options for families. This could include:

• Increasing the income threshold so that more families can receive subsidies through the Child Development & Care program. • Incentivizing employers to offer childcare subsidies or offer on-site care. • Providing specialty payments to eligible childcare providers for the duration of the pandemic. • Streamlining reimbursement policies for providers. • Expanding the pool of workers eligible for childcare under EO-51.23

4. Support for Small Businesses

Small businesses play a vital economic and cultural role in every community in Michigan. The financial and administrative burdens created by the COVID-19 pandemic has placed many of our small businesses in peril. We recognize that small businesses may require assistance and guidance as they navigate the costly and complex process of ensuring the safety of their employees and customers. We recommend the legislature:

• Increase MIOSHA’s funding to expand the agency’s ability to provide guidance and resources on how to create a safe workplace to small businesses. • Expand the Workplace Improvement to Safety and Health (MIWISH) grant program for small businesses to secure health and safety equipment and hold training.24 • Provide tax relief to small businesses to cover any new implementation costs related to COVID-19.

5. Protection from Adverse Actions

23 https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-526011--,00.html 24 https://www.michigan.gov/som/0,4669,7-192-26847-508217--,00.html

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Employees should not face any adverse action by their employers if they raise workplace safety concerns, refuse to work in unsafe conditions, and/or report safety violations to MiOSHA. They also should not face punitive action if they do not feel comfortable returning to work while the state is still operating under a state of emergency declaration due to COVID-19, if they face barriers in getting to work such as access to safe transportation or child care, if they have an underlying health condition that puts them more at risk, or if they are caring for a sick loved one.

6. Ensuring Employer Compliance

MIOSHA has been tasked with reviewing complaints of unsafe worksites that are submitted by employees. Since the onset of the COVID-19 pandemic, the agency has received over 1000 complaints. MiOSHA has endured funding cuts for years and has worked to address the high number of safety complaints that with an insufficient amount of staff. We are concerned that the agency will not have the proper resources to address the influx of complaints that will occur as we reopen the economy. We support increasing funding for MIOSHA to ensure that they have the resources to hire and train investigators. In addition, we believe that MiOSHA fines and penalties for non-compliance must be increased. Michigan’s fines are low and insufficient to deter non-compliance.

Stages of Reopening

Rather than issuing a reopening plan that has an arbitrary timeline, we support a reopening approach that examines the epidemiological risks in each specific type of work environment and the repercussions that reopening the workforce will have on the public’s health. Michigan is currently facing an urgent pandemic that can only be slowed with stringent measures. As the pandemic is stabilized, we hope more sectors will be able to open safely. Ultimately, our workforce will not be able to fully enter recovery mode until we have experienced a long-term decline the spread of the virus, obtain enough personal protection equipment for workers and the public, significantly increase testing capacity, and increase the public's trust in the effectiveness of our mitigation efforts.

We have faith in Governor Whitmer, Chief Medical Executive Dr. Joneigh Khaldun, economists, researchers, and other public health experts to move Michigan forward in a scientific, data-driven, and safe way that minimizes risks to families, business owners, workers, and other Michiganders.

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