Updated June 1, 2020
Guidance to Reopen Safely
Introduction
The Southern Wayne County Regional Chamber is committed to providing our members with the most updated information as we navigate through the current health and economic crisis. Please utilize this resource for the most up to date information from federal, state, and local authorities.

Recently the Southern Wayne County Regional Chamber joined 30 other Chambers of Commerce throughout the state of Michigan in calling for a pro-business COVID-19 relief & recovery agenda , including temporary and targeted "safe harbor" protection for employers and entrepreneurs who work to safely and responsibly reopen economic activity in good faith based on CDC, OSHA, state and local guidelines. Employers who act in good faith according to the guidelines provided to them from government authorities to protect their workforce and our community must be protected from unfair litigation issues. Targeted and temporary rules should also hold "bad actors" responsible for negligence and failure. As one community we can safely get this done. The Southern Wayne County Regional Chamber has expressed this need to our elected leaders and we encourage all of our members and Downriver job providers to make your needs known. State elected leaders can be contacted HERE , federal representatives HERE , and federal senators HERE .

Further, on May 26, 2020, Governor Whitmer signed Executive Order 2020-104 , expanding COVID-19 testing capabilities, and enabling "a broader range of qualified medical professionals to order COVID-19 tests and to encourage the establishment of community testing locations by reducing barriers to siting and staffing such test sites."

Please follow the SWCRC on Facebook , where we are posting new legislative updates frequently, resources on safely reopening economic activity, and loan and grant resources for operational capital as they become available.
County/Local Level Information & Resources
WAYNE COUNTY TOOLKIT PROVIDES INDUSTRY SPECIFIC GUIDANCE INCLUDING RESTAURANTS, RETAIL, HAIR SALONS AND MORE. WAYNE COUNTY HEALTH DEPARTMENT & ECONOMIC DEVELOPMENT INFORMATION & RESOURCES
The Wayne County COVID-19 business toolkit provides reopening safety guidance for specific industries. Also, please follow the Wayne County Health Department and Economic Development Corporation on their websites for further guidance at the County level.
BEAUMONT OFFERING SEROLOGIC ANTIBODY TESTING TO EMPLOYERS. WAYNE COUNTY AND WALMART OPEN DRIVE-THROUGH TESTING SITE AT SAM'S CLUB IN SOUTHGATE AND WALMART IN TAYLOR.
Beaumont Health is providing area employers with the opportunity to participate in a serologic antibody testing program to assist with reopening strategies. More information located HERE .

A COVID-19 drive-through testing site is open in the parking lot of the Sam’s Club, located at 15700 Northline Road, in Southgate. A COVID-19 testing site is also opening May 15 at the Taylor Walmart store, located at 7555 Telegraph Road.
State Level Information & Resources
NEW : GOVERNOR WHITMER MOVES ALL OF MICHIGAN FORWARD INTO "PHASE 4" OF MI SAFE START PLAN, RESCINDING "SAFER AT HOME." RESTAURANT DINE-IN SERVICES, RETAIL REOPENED WITH CAPACITY RESTRICTIONS, AND SOME OFFICE WORK ALLOWED IF WORKING REMOTELY IS NOT POSSIBLE WITH RESTRICTIONS
Governor Whitmer signed  Executive Order 2020-110 , rescinding the previous "Safer at Home" order and moving all of Michigan into "Phase 4" of the MI Safe Start Plan . According to the order, beginning June 8, restaurants and bars are allowed to resume dine-in services under certain restrictions within Executive Order 2020-97 , including a 50% capacity limit, groups and tables being spread apart, and servers being required to wear face coverings. Beginning June 4, retail stores can reopen with a 25% capacity limit and restrictions as identified in EO 2020-97. Under the order effective immediately, gatherings of 100 or less are permitted outdoors while practicing social distancing, while indoor social and business gatherings are only permitted with an attendance of 10 or less. Offices can reopen for some business while working remotely is required if possible. Further, children's day camps and drive-in theaters can resume activity under certain guidelines. Under the order, several businesses still remain closed such as indoor movie theaters, hair salons, barber shops and more as identified in Section 12. The order follows the similar actions seen recently in "Up North" MERC regions 6 and 8, which are expected to move into "Stage 5" later this week. Executive Order 2020-110 can be viewed HERE . Business should review the following section for MIOSHA guidelines on safely reopening.

As before, businesses maintaining in-person activities must adopt social distancing practices and other mitigation measures to protect workers as identified in Executive Order 2020-97 . They must, among other things, provide COVID-19 training to workers that covers, at a minimum, workplace infection-control practices, the proper use of PPE, 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, and how to report unsafe working conditions. 
 
Consistent with the governor’s previous orders, any individual able to medically tolerate a face covering must wear a covering over his or her nose and mouth—like a homemade mask, scarf, bandana, or handkerchief—when in any enclosed public space.

The State of Emergency has been extended through June 19, 2020 under  Executive Order 2020-99 .

---

Information on MI Safe Start Plan

The MI Safe Start plan will be composed of 6 stages, in which Michigan is currently in the third stage according to the Governor. The 6 stages were drafted in partnership with the Michigan Economic Recovery Council (see below information). The 6 stages include: 1) Uncontrolled growth; 2) Persistent spread; 3) Flattening of the curve; 4) Improving in which cases and hospitalizations are on the decline; 5) Containment; and 6) Post-pandemic in which treatments are available. In the 4th stage of the plan, some retail and offices would be allowed to reopen under safety precautionary procedures, capacity limits and encouraging teleworking when possible. The details of the MI Safe Start plan including an outline of each phase are located HERE .

The Michigan Economic Recovery Council (MERC), led by DTE Energy Executive Chairman Gerry Anderson and former Henry Ford Health System CEO Nancy Schlichting, has been working to provide guidance and recommendations to the governor on how to safely reopen the economy based on 8 "MERC Regions" throughout the State. The regions are defined based on travel patterns of workforce to the workplace, and healthcare capacities within those regions. MERC regions can be viewed HERE .
NEW: MIOSHA LAUNCHES NEW WEBSITE FOR COVID-19 WORKPLACE SAFETY GUIDANCE - "ONE-STOP-SHOP" FOR BUSINESS
The Michigan Occupational Safety and Health Administration (MIOSHA) within the Dept. of Labor and Economic Opportunity (LEO) launched a new online COVID-19 Workplace Safety site –  Michigan.gov/COVIDWorkplaceSafety  – the site provides guidance and a toolkit of resources to keep workplaces safe as sectors of the state’s economy reopen. 

With the continued risk of COVID-19 spread, everyone in the workplace must take necessary precautions. The site includes MIOSHA issued guidelines, posters for employees and customers, factsheets, educational videos and a  reopening checklist  – all of which will help businesses safely reopening their doors. 

In addition to the general workplace guidelines for  employer  and  employees , MIOSHA provided further clarification on necessary steps several other sectors must take when reopening, including: 

The site also provides guidance on how employers  create and make available to employees and customers, a written exposure control plan  which includes exposure determination and outlines measures that will be taken to prevent employee exposure to COVID-19, including as appropriate:
  • Engineering controls
  • Administrative controls
  • Hand hygiene and environmental surface disinfection
  • Personal protective equipment
  • Health surveillance
  • Training
  • Incorporating the latest guidance for COVID-19 from the U.S. Centers for Disease Control and Prevention (CDC), U.S. Occupational Safety and Health Administration (OSHA) and the Governor’s Executive Orders 
NEW: MICHIGAN TREASURY ALLOWS FOR SALES, USE AND WITHHOLDING TAX PAYMENT INSTALLMENT PLAN
Recently, the Michigan Department of Treasury announced business taxpayers who have deferred paying their Sales, Use and Withholding (SUW) taxes due to the COVID-19 pandemic can now participate in an installment payment option to satisfy their outstanding tax balance.
 
Taxpayers scheduled to make SUW tax payments for the February, March, April and May tax periods on June 20, 2020 – including quarterly filers – can either pay their outstanding balance in its entirety or pay their outstanding balance in monthly payments over the next six months. Penalties and interest will be waived on those deferred payments.
UPDATED MAY 21: PREPAREDNESS AND RESPONSE PLAN TEMPLATES TO PROVIDE INFORMATION FOR EMPLOYERS
According to  Executive Order 2020-97 , businesses are required to develop a “COVID-19 preparedness and response plan," and to provide safety training consistent with  guidelines provided by OSHA . The Michigan Chamber of Commerce in partnership with the Bodman Team have prepared model templates based on the original  Executive Order 2020-91  for a plan in the 4 categories of low, medium, high and very high risk employers.  The templates should be tailored to the employer’s particular risk level, maintained and implemented. The Executive Order states that  "by June 1, 2020, or within two weeks of resuming in-person activities, whichever is later, a business’s or operation’s plan must be made readily available to employees, labor unions, and customers, whether via website, internal network, or by hard copy."

These templates are for information purposes only and not for the purpose of providing legal advice. You should contact legal counsel to obtain advice with respect to your individual workplace. The following links also include the CDC posters referenced in the template.

*Special Note:   During a recent press conference, the Governor stated that these plans must be submitted to the Department of Labor and Economic Opportunity. Many media outlets reported this however, after reviewing the EO and not seeing any requirement of the sort, the Michigan Chamber asked for clarification from the Governor’s office on this requirement.  The Michigan Chamber was informed the Governor misspoke and businesses do not need to file their plans with the Department.  
UPDATED: MEDC COVID-19 RESOURCES & WORKSHARE INFORMATION
Provided on the MEDC page is a list of resources and information for Michigan businesses during the COVID-19 outbreak from the Michigan Economic Development Corporation. Programs include capital loans, PPE sources, Main Street and community programs, and more.

The Governor’s Unemployment Insurance (UI) Executive Order expands the State’s Work Share program . With the plan, rather than being laid off, eligible employees work a reduced number of hours in the work week and receive a portion of weekly unemployment benefits. Employers are encouraged to implement the program that permits employers to maintain operational productivity during declines in regular business activity instead of laying off workers. More information and guidance about Work Share can be found  HERE .
UPDATED : GOVERNOR WHITMER SIGNS EXECUTIVE ORDER 2020-97, UPDATING PREVIOUS ORDER TO SAFEGUARD WORKERS AS ECONOMIC ACTIVITY REOPENS UNDER EASED RESTRICTIONS
On May 21, Governor Whitmer announced that she has signed Executive Order 2020-97 , updating a prior rule ( 2020-91 ) on workplace safety. Per the amended order, reopened businesses (under Executive Order 2020-96 detailed in the next section ) such as outpatient health-care facilities, including clinics, primary care physician offices, and dental offices, will have to adopt strict protocols to prevent infection. The release promises that the Department of Licensing and Regulatory Affairs will issue guidance to aid those facilities in adopting appropriate safeguards. 

As with the prior rule, the Executive Order establishes mandated safeguards to protect the workforce as businesses begin to restart in-person economic activity. The executive order mandates that each business requiring employees to leave their homes or residences for work establishes a Preparedness & Response Plan based on OSHA guidelines , and "by June 1, 2020, or within two weeks of resuming in-person activities, whichever is later, a business’s or operation’s plan must be made readily available to employees, labor unions, and customers, whether via website, internal network, or by hard copy." Businesses must also conduct a daily entry self-screening protocol, implement proper cleaning and sanitizing procedures, provide non-medical grade face coverings for staff, provide proper COVID-19 related training to employees including the proper use of PPE, and reporting unsafe working conditions to authorities. Further, the order mandates capacity limitations for workplaces, including industry specific instructions for retail stores, restaurants and offices. The executive order must be reviewed and followed by businesses as in-person activity is permitted to resume.
WEBINARS TO HELP OUR MEMBERSHIP PLAN FOR REOPENING
Many employers are thinking about reopening their businesses after the “Stay Home” Order is lifted. But there are many things to think through in advance, including staffing, legal concerns and more. There are several webinars on demand to help employers to prepare, such as:  

-Returning to Work: Best Practices for Employers in a COVID-19 World
Federal Level Information & Resources
UPDATED: SBA & US CHAMBER RELEASE PPP LOAN FORGIVENESS GUIDANCE, APPLICATION & INSTRUCTIONS. U.S. TREASURY ISSUES NEW PPP LOAN FORGIVENESS GUIDANCE, INCLUDING EMPLOYEE REFUSALS TO RETURN TO WORK
NEW GUIDANCE & VIDEO RELEASED : Under the Paycheck Protection Program (PPP), loans may be forgiven if borrowers use the funds to maintain their payrolls and pay other specified expenses.  Click here  to download this step-by-step guide from the U.S. Chamber of Commerce to calculate your loan forgiveness amount, navigate record-keeping requirements, and determine repayment terms on amounts not forgiven. Also, click HERE to view the recent step-by-step video guidance from the U.S. Chamber. Further, the U.S. Chamber of Commerce has launched a new digital resource center , providing at a national level industry specific guidelines to reopening and a small business reopening "playbook."

The U.S. Small Business Administration (SBA), in consultation with the Department of the Treasury, released an application form for Paycheck Protection Program (PPP) loan forgiveness along with instructions for completing the form. This form is provided for informational purposes. Businesses should consult with their CPA when preparing the PPP loan forgiveness application. View the sample form and instructions HERE . Note: Your lender will have specific documents and instructions for the PPP loan forgiveness application.

Overview:   In response to significant public pressure, the SBA and Treasury appear to have determined that certain companies should not receive the benefits of PPP loans for which they qualified under the law. As a result, the SBA has advised that “all borrowers should review carefully the required certification” that current economic uncertainty makes the loan necessary after taking into account their current business activity and access to other sources of liquidity. As an incentive for companies who are unable to make the good faith certification of necessity to repay the loans, the SBA created a “safe harbor” to provide that borrowers would be deemed to have met the necessity certification requirements if the loans were repaid in full on or before May 7, 2020, and the deadline for the repayment safe harbor was subsequently extended to May 14, 2020. As additional incentive for companies to repay PPP loans during the safe harbor, the federal government has indicated that it will investigate PPP borrowers and may pursue criminal investigations in cases in which certifications on the loan application are determined to be fraudulent. On April 29, 2020, more than one month after the CARES Act was signed into law, the SBA announced that it intends to review (i.e., “audit”) all PPP loans of more than $2M, along with other loans, “as appropriate.” One key motivation for such audits is the government’s view that the benefits of the PPP should not be afforded to companies that have alternative sources of liquidity to fund ongoing operations “in a manner that is not significantly detrimental to the business.”

Borrowers with loans of or under $2 Million:  As of May 27, 2020, the U.S. Treasury has released  new guidance via FAQ . Under the new FAQ, borrowers of $2 million or less will be deemed to have made in good faith the required certification concerning the necessity of this loan. In Question #46, the FAQ specifically spells out that most businesses with loans below this level are “less likely to have had access to adequate sources of liquidity in the current economic environment than borrowers that obtained larger loans.”

It is important for PPP borrowers to review this new guidance in preparation for loan forgiveness.  Potential for Fraud:  For small businesses that borrowed funds under the PPP, if the federal government determines that there has been a false certification, the company or individual signing the certification could face serious civil and, potentially, criminal charges related to this “fraud.”

Documentation of Necessity or Repayment of PPP Loan:  Any business that borrowed PPP loan funds should consider whether, and how, it can document compliance with the CARES Act necessity “certification” requirements. A meaningful review of necessity for PPP loans is recommended for all borrowers, and could prove to be absolutely critical for any borrower that: is publicly traded; is a United States subsidiary of a foreign parent; has access to other sources of liquidity; or is a borrower of more than $2M. Unless the full loan is repaid by May 14, every such borrower should be prepared for an SBA audit of both its PPP loan application, and its uses of PPP loan funds.

*Key source along with Treasury FAQ:  Bodman Law article

PPP loan forgiveness guidance on employees refusing offer of work:  What happens if you call back laid-off employees and they are reluctant or refuse to return to work?

The Small Business Administration (SBA) and Department of Treasury recently answered this question in their  PPP Frequently Asked Questions . While promising to issue a formal rule, the FAQ states the following:

Question 40:  Will a borrower’s PPP loan forgiveness amount (pursuant to section 1106 of the CARES Act and SBA’s implementing rules and guidance) be reduced if the borrower laid off an employee, offered to rehire the same employee, but the employee declined the offer?

Answer:  No. As an exercise of the Administrator’s and the Secretary’s authority under Section 1106(d)(6) of the CARES Act to prescribe regulations granting de minimis exemptions from the Act’s limits on loan forgiveness, SBA and Treasury intend to issue an interim final rule excluding laid-off employees whom the borrower offered to rehire (for the same salary/wages and same number of hours) from the CARES Act’s loan forgiveness reduction calculation. The interim final rule will specify that, to qualify for this exception, the borrower must have made a good faith, written offer of rehire, and the employee’s rejection of that offer must be documented by the borrower. Employees and employers should be aware that employees who reject offers of re-employment may forfeit eligibility for continued unemployment compensation.
UPDATED: CDC RELEASES NEW TOOLS TO HELP SPECIFIC INDUSTRIES REOPEN. EPA AND CDC ISSUE JOINT GUIDANCE FOR ALL BUSINESSES REGARDING CLEANING & SANITATION
NEW: Last week, the CDC introduced new industry specific guidance, including 1 page tools designed to guide general workplaces and restaurants/bars as they plan to safely reopen. Please review these valuable tools, including guidance for community events, churches and community organizations, recreational facilities, educational institutions and more HERE .

The CDC and EPA have released guidance for all businesses for cleaning and sanitizing the workplace as businesses begin to reopen safely. The Guidance is based on the President's Open Up America Again plan, and  is intended for all Americans, whether they own a business, run a school, or want to ensure the cleanliness and safety of their home. The Guidance can be viewed HERE .

Business must begin to plan and execute safety practices to protect the workforce and community. Below are links that provide resources and guidance from the CDC, U.S. Occupational Safety & Health Administration (OSHA) and MIOSHA. Further, the following section provides templates for Preparedness and Response Plans. These templates are for information purposes only and not for the purpose of providing legal advice. You should contact legal counsel to obtain advice with respect to your individual workplace.    

The MIOSHA website includes guidance on an interim COVID-19 complaint enforcement plan, FAQs, and guidance for businesses on who can perform in-person work under the current executive order.

Businesses must abide by and regularly check updated CDC, State, OSHA, and local guidelines as information is rapidly changing . At this time, there are no protections in place for employers who are operating under this guidance or that open too soon.
FEDERAL OPENING UP AMERICA AGAIN OVERVIEW
President Donald Trump unveiled the Opening Up America Again plan , providing guidance for a 3-phase approach to reopen the U.S. economy as the nation works to contain the COVID-19 virus. The plan proposes that states and/or regions must first meet the gating criteria prior to moving into the phases identified within the plan. The gating criteria includes a reduction in the trajectory of reported influenza-like illnesses and documented COVID-19 cases within a 14-day period, and the establishment of a robust testing program for at-risk healthcare providers along with the ability to treat all patients without crisis care. The guidelines also establish responsibilities for each state, including among others the ability to setup efficient testing sites, the ability to quickly and independently provide personal protective equipment, the ability to effectively protect employees within critical and high risk industries, and the ability to provide guidance on social distancing while monitoring conditions and being ready to take immediate action to mitigate any rebounds of the virus.

The guidelines provide for a 3-phase approach, in which employers throughout all phases are called on to implement the appropriate policies and best practices such as: social distancing and personal protection equipment; temperature checks; testing and isolation policies; sanitation and disinfecting high traffic surfaces and areas; and safe business travel guidelines and policies.

Phase 1: For states and regions who meet the gating criteria, the following guidelines are provided: All vulnerable individuals must remain in shelter in place. When in public, individuals should maintain social distancing practices and avoid public gatherings of 10 or more. Non-essential travel should be avoided or minimal. Employers should continue to encourage teleworking. Returning to the workplace should be done in phases. Common gathering places at workplaces should be closed. Gyms can open if they adhere to strict physical distancing and sanitation protocols. Bars should remain closed.

Phase 2: For states and regions showing no evidence of a rebound of the virus and satisfying the gating criteria a second time. Continue to encourage teleworking policies. In common gathering areas in the workplace, social distancing policies should be observed. Non-essential travel may resume. Schools can reopen. Large venues can begin to operate under moderate physical distancing protocols. Bars may operate with diminished standing-room occupancy, where applicable and appropriate.

Phase 3: For state and regions with no evidence of a rebound of the virus and satisfying the gating criteria a third time. Employers can resume unrestricted staffing of work sites. Vulnerable population can return to public places while practicing social distancing. Large venues can operate under limited physical distancing procedures. Bars may operate with increased standing room occupancy.
#SupportDownriver & #SupportSouthernWayneCounty CAMPAIGN
Together as one community, we are launching a unified regional campaign to support our local businesses, and to revitalize our local economy in a safe, responsible, and effective way. The campaign is called  #SupportDownriver , and  #SupportSouthernWayneCounty  for municipalities represented by the Downriver Community Conference and Southern Wayne County Regional Chamber who count themselves as outside of the traditionally recognized "Downriver" communities. As one united community, we will save lives, businesses and jobs. While we do everything that is necessary to protect the health and well-being of our community, we cannot standby as our region's job providers and entrepreneurs lose everything they have worked so hard to gain not only for themselves, but for the people of our region. We are asking all of our communities, members and the entire Downriver business community to participate in this positive and encouraging messaging. Use the graphics, posting and tagging as many local businesses as often as possible. NOW MORE THAN EVER, it is vital that we support our Downriver and southern Wayne County job providers, entrepreneurs and workforce. Campaign graphics and more information can be found by clicking the below link.
SWCRC RESOURCE PAGE - INFORMATION ON LOANS, GRANTS AND MORE
The SWCRC's resource page provides PPP loan forgiveness guidance from the U.S. Treasury, guidance on the Federal Reserve's Main Street Lending Program, and information on existing loans, grants and other guidance including the PPP and SBA EIDL programs.