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A basic breakdown of COVID-19 the updated regulations for Michigan restaurants, bars, workers, and patrons during the pandemic
Over the last few weeks, Michigan’s COVID-19 response has been in flux. Until October, many of the state’s rules preventing the spread of novel coronavirus were enforced by executive orders issued by Gov. Gretchen Whitmer. Those orders stopped being approved by the legislature at the end of April, and a recent Supreme Court ruling struck down Whitmer’s state of emergency powers.
In lieu of those rules, the Michigan Department of Health and Human Services (MDHHS) and Michigan Occupational Safety and Health Administration (MIOSHA), agencies whose powers were not impacted by the court ruling, are scrambling to introduce new orders for individuals and industries. The state legislature has also approved some COVID-19 bills. While the orders related to restaurants, bars, and other types of food service establishments are very similar, there have been some key updates — particularly when it comes to bar service.
It’s crucial for everyone’s health that these rules be followed or exceeded. Restaurants and bars are particularly prone to outbreaks among service staff, according to state data. On top of that, MIOSHA has recorded 30 worker deaths and 127 in-patient hospitalizations in Michigan that were linked to workplace exposure to novel coronavirus between March and October.
The latest MDHHS orders went into effect on Thursday, October 29 (with the exception of restaurant and bar contact tracing rules) and MIOSHA’s orders were issued on Wednesday, October 14. Here’s a very basic breakdown of COVID-19 rules for Michigan restaurants, bars, workers, and patrons right now.
What’s the capacity limit for restaurants and bars?
The requirement is still 50 percent of normal seating capacity. As of October 29, restaurants and bars are also required to limit groups to six people or less per table.
Is indoor seating allowed at restaurants and bars?
Yes. As of Friday, October 9, MDHHS is once again allowing both restaurants and bars to offer indoor service if they choose to do so, provided that all patrons are seated and distanced six feet apart in groups of six people or less.
What about dance floors and gathering spaces?
Nope. Establishments must “close indoor common areas in which people can congregate, dance, or otherwise mingle.”
Do I still need to wear a face mask?
Yes, please, wear a mask. It’s the best thing people can do to protect those around them. Everyone probably should have been wearing one during flu season anyway. Also, there’s a state MDHHS mandate requiring that all businesses enforce face coverings, with “few exceptions.” As of the October 29 epidemic order, masks are required at all indoor non-residential gatherings. Masks may be removed when eating or drinking at a food service establishment. Remember that in order to be effective, face masks must cover the nose and the mouth and should be washed between uses.
Am I required to give my personal information to the restaurant?
If you like dining out and value the restaurant or bar in question, you must provide your name and phone number during each visit. The rule takes effect on Monday, November 2, and businesses that don’t comply with the rules could risk fines and licensing issues. By tracking this information, restaurants and bars can provide this information to state health officials for contact tracing in the event that there’s a COVID-19 case at the establishment. That’s important not only for keeping you healthy, but also friends, family, and anyone who may come in contact with you, if you unknowingly contracted the virus. It was already a requirement for other venues including gyms and theaters.
Am I allowed to wait indoors for a table if the restaurant or bar is full?
No, anyone who isn’t seated at a table or a bar top must wait outside of the establishment.
What happens if an food service employee gets a confirmed positive COVID-19 test result or shows symptoms while at work?
The establishment must prohibit gatherings and undergo a deep cleaning “consistent with Food and Drug Administration and CDC guidance.”
Are worker protections still in place?
Some of them are in place through the MDHHS and others are being enforced through the MIOSHA.
Do workers and contractors have to undergo daily entry self-screenings?
Yes. Under the MDHHS rules, employees and contractors must fill out a questionnaire covering symptoms of COVID-19 and suspected or confirmed exposure to people with possible COVID-19.
What if a worker tests positive, may have been exposed to COVID-19, or is symptomatic?
Under the MDHHS rules, employees who were exposed, may have been exposed, are waiting for a test result, or have received a positive test result are required to isolate or quarantine following CDC guidance. They may only return to work if approved to do so by a health or public health profession or if they have met all the following requirements:
- 24 hours have passed since the resolution of fever without the use of fever-reducing medications
- 10 days have passed since their symptoms first appeared or since they were administered a COVID-19 test that yielded the positive result
- Other symptoms have improved
Do employers have to notify anyone about positive cases?
Yes. Under the MIOSHA rules, employers are also required to “immediately” notify the local health department if they learn of an employee, customer, or visitor with a case of COVID-19. Employers are also required to notify any coworkers, contractors, or suppliers who may have come in contact within 24 hours.
Do employers have to provide personal protective equipment like masks?
Yes, and they must also enforce the use and make sure it’s properly fitted and cleaned. This particularly goes for masks, which are required in the dining area and “areas where social distancing can’t be maintained” like a restaurant kitchen.
Do restaurants and bars have to post COVID-19 signage?
They still have to post signage explaining the current COVID-19 policies to customers. That particularly goes for the mask rules and reminders not to enter if a patron is or has recently been sick, which should be displayed at entrances to the business.
What are the consequences for not following the rules?
Try to follow the rules. Violations of the new epidemic orders could result in a civil fine up to $1,000 and may also be treated as a misdemeanor punishable by imprisonment for not more than six months or a fine of not more than $200, or both. In addition, failure to comply could also put a business or individuals license in jeopardy. Businesses that don’t comply with the MIOSHA rule could also face fines.
Where can I report non-compliance with COVID-19 epidemic orders?
To report violations, visit the state’s directory. For general failures to wear a mask or physical distance, people should reach out to local law enforcement only through non-emergency lines.
October 29 MDHHS Epidemic Order
MIOSHA Emergency Rules October 14
• MDHHS Epidemic Orders [Official]
• MIOSHA Emergency Rules [Official]
• What the Michigan Supreme Court’s Ruling Could Mean for COVID-19 Regulations at Restaurants and Bars [ED]
• How Coronavirus Is Impacting the Detroit Food and Beverage Industry [ED]
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