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Labor and Economic Opportunity

What will MIOSHA accept for a policy under Emergency Rule 5(8)?

Emergency Rule 5(8) states, “The employer shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely.”  MIOSHA will accept a written policy which indicates that employees are not to perform in-person work activities where the work activity can be feasibly completed remotely. Employers are obligated to demonstrate infeasibility of remote work.   Employers should include in the remote work determination information which covers at least:

  • Which positions/classifications report for in-person work and why they must be physically present in the workplace.
  • Reasons that this work cannot be performed remotely, this must include enough specificity to show this analysis has been performed.  

This written policy may be part of the employer’s COVID-19 preparedness and response plan. It does not have be a stand-alone document.