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:
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.