23 Michigan Employers Cited for COVID-19 Workplace Safety Violations February 26, 2021

LANSING, MICH. As the state continues to prioritize worker safety and health, the Michigan Occupational Safety and Health Administration (MIOSHA) inspected and issued COVID-19 emergency rule or general duty citations to 23 different workplaces with violations for failing to protect workers and take safety precautions. Most employers are complying with MIOSHA’s Emergency Rules and general duty clause with less than 5% of employers investigated having received enforcement actions. 

There are a variety of programs that employers can use to ensure they can comply, stay open and ultimately stay safe. The MIOSHA Ambassador Program offers education and one-on-one guidance to help employers understand regulations on workplace safety. Since the onset of the pandemic, through MIOSHA’s outreach and education, the agency is seeing strong implementation of these mitigation measures and has provided consultation to thousands of Michigan employers. 

Under MIOSHA’s Emergency Rules, employers 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 twenty-three 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.

The latest MIOSHA citations were issued to the below employers for the following issues:

COVID-19 Emergency Rules Citations

• Midway Rentals and Sales of Negaunee, MI was cited for an other-than-serious violation of COVID-19 workplace safety requirements for not having on site a preparedness and response plan and not documenting daily health screenings.  Total penalties, including other workplace violations, were $1,200.  The inspection was initiated as a planned-programmed inspection, view full citation document.
• Beacon Park Finishing LLC and its successors, was fined $4,200.00 for violation of the emergency rules for COVID-19 workplace safety requirements for not providing a COVID-19 Preparedness and Response Plan, daily entry self-screening protocols and training to employees on SARS-CoV-2 and COVID-19.  Total penalties, including other workplace violations, were $19,100.  This inspection was in response to a governmental referral, view full citation document.
• Iron Mountain Powersports, LLC of Kingsford, MI was cited for an other-than-serious violation of COVID-19 workplace safety requirements for not documenting daily health screenings. Total penalties, including other workplace violations, were $400.  The inspection was initiated as a planned-programmed inspection, view full citation document.
• Brighton NC Machine Corp in Brighton, Michigan was fined $2,000 for violations of COVID-19 workplace safety requirements including not following the local health department’s quarantine orders for a suspected COVID-19 case and not contacting the local health department when a known positive COVID-19 case was detected at the workplace. Total penalties, including other workplace violations, were $18,000. The inspection was initiated as a planned-programmed inspection, view full citation document.
• McLaren Port Huron Hospital in Port Huron, Michigan, was fined a total of $6,300 for serious violations of COVID-19 workplace safety requirements including not conducting a daily self-screening protocol for employees working onsite, not keeping everyone on the worksite premises at least 6 feet from one another to the maximum extent possible,and not requiring face coverings to be worn when employees could not consistently maintain 6 feet of separation from other individuals. An other-than-serious citation with no monetary penalty was issued for not creating a policy prohibiting in-person work for employees, and not maintaining a record of screening protocols for each employee or visitor entering the workplace.  The inspection was in response to an employee complaint, view full citation document.
• Prefix Corporation was cited for an other-than-serious violation of the emergency rules for a COVID-19 workplace safety requirement for not maintaining employee screening records. This inspection was a result of a state emphasis program for offices, view full citation document.
• Pro-Tech Environmental & Construction Services, Inc of Grand Rapids, MI was fined $500 for violations of COVID-19 workplace safety requirements for not wearing face coverings when not consistently maintaining 6 feet of separation from other individuals. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Santigo Roofing. LLC was fined $400 for violations of COVID-19 workplace safety requirements, specifically no COVID preparedness and response plan, the lack of daily health screenings, and no onsite COVID safety coordinator. Total penalties, including other workplace violations, were $800. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Ampro, Inc. in Howell, Michigan was cited for a violation of COVID-19 workplace safety requirements including not maintaining a record of COVID-19 employee training. Total penalties, including other workplace violations, were $4,000. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Pro-Vision Solutions LLC in Byron Center, MI was fined $1,500 for a violation of COVID-19 workplace safety requirements including the lack of enforcing the use of face coverings. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Bingham Farms Oral and Maxillofacial Surgery, was fined $700 for violation of the emergency rules for COVID-19 workplace safety requirements for not providing a COVID-19 Preparedness and Response Plan, not implementing daily entry self-screening protocols, and not providing training to employees on SARS-CoV-2 and COVID-19. Total penalties, including other workplace violations, were $1,400.  The inspection was initiated in response to an employee complaint, view full citation document.
• John Joseph Companies LLC of Ashwaubenon, WI was fined $400 for violations of COVID-19 workplace safety requirements for not having a COVID-19 written preparedness plan, not wearing face coverings when workers could not maintain 6 feet of separation, no COVID-19 safety coordinator on-site, not maintaining 6 feet of separation, not providing COVID-19 training, or documenting daily health screenings. Total penalties, including other workplace violations, were $3800. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Complete Roofing and Repair, LLC of Grand Rapids, MI was fined $400 for serious violations of COVID-19 workplace safety requirements, including the lack of daily health screenings and no onsite safety coordinator. Total penalties, including other workplace violations, were $800. The inspection was initiated as a planned-programmed inspection, view full citation document.
• MORR Construction, LLC, MI was cited for an other-than-serious violation of COVID-19 workplace safety requirements for specifically the lack of a preparedness and response plan.  Total penalties, including other workplace violations, were $1,200. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Rodrigo Garcia Trejo of Detroit, MI was cited for an other-than-serious violation of COVID-19 workplace safety requirements specifically the lack of a preparedness and response plan. Total penalties, including other workplace violations, were $2,000. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Omar Nonato of Kalamazoo, MI was fined $400 for serious violations of Coronavirus Disease 2019 Emergency Rules, specifically the lack of face coverings, no social distancing from other employees, no preparedness plan, and no COVID safety coordinator. Total penalties, including other workplace violations, were $3,900. The inspection was initiated as a planned-programmed inspection, view full citation document.
• GLIC Electrical Services of Toledo ,OH. was fined $2,800 for violations of COVID-19 workplace safety requirements for lack of a preparedness and response plan, not performing daily health screenings and not having employees maintain 6 feet of distance where possible. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Cross General Contracting, Inc. of Munising, MI was fined $1000 for violations of COVID-19 workplace safety requirements for not wearing face coverings. Total penalties, including other workplace violations, were $3800. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Smith Metal Structures, Inc of Iron Mountain, MI was cited for an other-than-serious violation of COVID-19 workplace safety requirements for not documenting daily health screenings.  The inspection was initiated as a planned-programmed inspection, view full citation document.
• Terrazzo Creations and Renewals, LLC of Iron Mountain, MI was cited for an other-than-serious violation of COVID-19 workplace safety requirements for not documenting daily health screenings. Total penalties, including other workplace violations, were $800. The inspection was initiated as a planned-programmed inspection, view full citation document.

General Duty Citations

• Gerber Construction Co Inc. of Reed City Mi. was fined $2,000 for violation of COVID-19 workplace safety requirements including 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 $3,600. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Herzog Homes L.L.C. of Grand Rapids, 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, lack of self-screening protocols for COVID-19, and lack of face coverings when workers could not consistently maintain six feet of social distancing. Total penalties, including other workplace violations, were $4,100. The inspection was initiated as a planned-programmed inspection, view full citation document.
• Michigan Department of Corrections, Gus Harrison Correctional Facility in Adrian, MI was fined $6,300 for violations of COVID-19 workplace safety requirements including not developing an adequate infectious disease preparedness and response plan; not identifying all close contacts for employees who had received a positive result from a COVID-19 laboratory test; not applying social distancing strategies on an operational level for employees who ate lunch; not taking adequate measures to assure employees wore face coverings and practiced social distancing: and not adopting protocols to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace. This inspection was in response to a COVID-19 related fatality, view full citation document.

A complete list of MIOSHA COVID-19 workplace safety citations is available online.

Visit Michigan.gov/COVIDWorkplaceSafety for employee and customer 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.

To request free consultation assistance from MIOSHA’s Consultation Education and Training Division, go to MIOSHA Request for Consultative Assistance.

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). 

To report health and safety concerns in the workplace, go to Michigan.gov/MIOSHAcomplaint.

Information around COVID-19 is changing rapidly. The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus.

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