The Governor of Michigan has issued a new executive order requiring customers to wear a facemask or to be denied service. Due to the ambiguity of the new executive order, MIRA is sending this FAQ to help you navigate these issues so as to mitigate non-compliance by customers.
1. Must I post a sign of the facemask requirement and do should I notify everyone entering my store that they are required to wear a facemask?
Yes.
2. Will law enforcement be issuing tickets and fines if our customers are non-compliant?
At this time, law enforcement in various counties have stated that they will not be enforcing the facemask requirement issued by the governor.
3. Must I refuse anyone that does not wear a facemask?
The executive order requires you to refuse customers that are non-compliant, BUT there are exemptions for people with medical conditions to not wear mask. You or your employees are not equipped to ask customers for medical information exempting them from facemask. This could lead to an ADA violation.
Once a customer has been notified of the requirement and the customer notifies you that they can not wear a mask for medical reasons, you have done everything reasonably within your power.
Ask your employees to defer enforcement to a manager to minimize confrontations.
4. Must my employees wear facemask?
Yes. It should be posted by the time clock that all employees are required to wear facemask at all times while on the work premises. Non-compliance from an employee may lead to termination.
5. What if an employee says they can not wear a facemask for medical reasons?
Ask for medical documentation excusing them from wearing a facemask. Once the documentation has been provided, discuss with your HR and/or attorney on how to proceed with sending your employee home since they cannot comply with the current work requirements.
6. Must employees working behind bullet-proof or clear plastic panels wear masks?
Yes. Order is not clear regarding such an employee working alone.
7. What is MIRA doing to address this ambiguous mandate?
MIRA is working with legislators to ask the Attorney General of Michigan for more clarity on dealing with customers claiming medical exemptions. We are diligently working to find answers and solutions to relieve your employees from having to become the enforcers of the executive order.
