Last week, the US District Court for Eastern District of Texas ruled on reporting under the Corporate Transparency Act, issuing a nationwide injunction against its enforcement. The CTA otherwise required entities to report Beneficial Ownership Information on or before January 1, 2025. While this injunction is not permanent, we will suspend filings for companies until the injunction is overturned on appeal.
Kotz Sangster Wysocki P.C., a leading business law firm based in Detroit, has announced that attorney Douglas Eyre has joined the firm in its Detroit office. Eyre is a seasoned attorney, bringing over 20 years of experience in construction law and commercial litigation to the firm.
On May 7, 2020, Michigan Governor Whitmer issued Executive Order 2020-77, available here. This new EO rescinds the former Stay Home, Stay Safe Order, or EO 2020-70. Highlights of the new EO as it relates to business operations are below.
Businesses that remain open for in-person work must:
Develop a COVID-19 Preparedness and Response Plan consistent with OSHA recommendations.
Restrict the number of workers present on the premises to no more than strictly necessary to perform the in-person work permitted.
Promote remote work to the fullest extent possible.
Follow six (6) feet social distancing. If that is not possible, require that employees wear masks, and consider face shields when workers cannot consistently maintain three (3) feet of separation from other individuals in the workplace.
Increase standards of facility cleaning and disinfection to limit worker and patron exposure to COVID-19, as well as adopting protocols to clean and disinfect in the event of a positive COVID-19 case in the workplace.
Adopt policies to prevent workers from entering the premises if they display respiratory symptoms or have had contact with a person with a confirmed COVID-19 diagnosis.
Adopt any other social distancing practices and mitigation measures recommended by the CDC.
In addition, and as to the manufacturing industry specifically, the latest EO requires multiple steps that manufacturers must take both prior to resuming activities and after. Manufacturing work may not commence until the facility at which the work will be performed has been prepared to follow the workplace safeguards described. For manufacturers that are currently operating, they must also adopt these workplace safeguards.
The following is a summary of required action; manufacturers are also advised to review the detailed requirements in the EO.
Conduct a daily entry screening protocol for individuals entering the facility, including a questionnaire covering symptoms and suspected or confirmed exposure to individuals with possible COVID-19, together with temperature screening as soon as no-touch thermometers can be obtained.
Create dedicated entry point(s) at every facility for daily screening, and ensure physical barriers are in place to prevent anyone from bypassing the screening.
Suspend non-essential in-person visits, including tours.
Train workers on, at a minimum:
Routes by which the virus causing COVID-19 is transmitted from person to person.
Distance that the virus can travel in the air, as well as the time it remains viable in the air and on environmental surfaces.
Symptoms of COVID-19.
Steps the worker must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19.
Measures that the facility is taking to prevent worker exposure to the virus, as described in the COVID-19 preparedness and response plan required under section 11(a) of this order.
Rules that the worker must follow in order to prevent exposure to and spread of the virus.
The use of personal protective equipment, including the proper steps for putting it on and taking it off.
Reduce congestion in common spaces wherever practicable.
Implement rotational shift schedules where possible.
Stagger start times and meal times.
Install temporary physical barriers, where practicable, between work stations and cafeteria tables.
Adopt protocols to limit tool sharing and in-person contact for deliveries.
Frequently and thoroughly clean and disinfect high-touch surfaces, paying special attention to parts, products, and shared equipment (e.g., tools, machinery, vehicles).
Ensure there are sufficient hand-washing or hand-sanitizing stations at the worksite to enable easy access by workers, and discontinue use of hand dryers.
Notify plant leaders and potentially exposed individuals upon identification of a positive case of COVID-19 in the facility, as well as maintain a central log for symptomatic workers or workers who received a positive test for COVID-19.
Send potentially exposed individuals home upon identification of a positive case of COVID-19 in the facility.
Encourage workers to self-report to plant leaders as soon as possible after developing symptoms of COVID-19.
Shut areas of the manufacturing facility for cleaning and disinfection, as necessary, if a worker goes home because he or she is displaying symptoms of COVID-19.
EO 2020-77 takes effect immediately and continues through May 28, 2020.
Should you have any questions, please reach out to Bethany Sweeny bsweeny@kotzsangster.com or your Kotz Sangster relationship attorney.
