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EO 2020-59 FAQ Clarification

Wednesday, April 29, 2020   (0 Comments)
Posted by: Chris Lessway
Many have you have already seen the newly expanded FAQ answer from the MI DNR related to our industry, “EO 2020-59: Is boating permitted under the order?” - which we have shared again below. Although the language used is not industry specific, we have confirmed with the Governor’s office, through our lobbying firm, that our previous interpretation of the EO as it relates to our industry is still correct. Our confirmed interpretation is as follows:
 
Executive Order 2020-59 allows businesses to have workers perform certain resumed activities as defined under the Executive Order. If employers provide these services and decide to resume activities as defined under the EO, they must designate resumed duty employees in writing. We also recommend that employers provide such employees with a letter which states so. Clearly, it is up to individual businesses whether they and their workers perform such resumed activities and whether they can provide the services in a safe manner.
 
It is our understanding that the resumed activities under the Executive Order allows for preparation, delivery, launching or curbside pickup of boats in storage or boats ordered online or remotely, provided the business and employees adhere to the enhanced social distancing guidelines. It also allows for the retail sale of non-essential items such as parts and gear if done with no customer contact and curbside pickup.
 
Additionally, the new FAQ states, “If a facility offers private storage for a boat, the facility may designate workers whose in-person presence is necessary to enable the boat owner to access that storage." We have confirmed that “private storage” includes “well/slip rental” – which confirms that we are able to open our marinas in a limited capacity to allow boaters to safely access their boats, and bring back in-person employees to safely facilitate this.
 
We have asked for expanded clarification, but because of how inundated the Governor's office is currently, it may be a while until we get this. Until then, they have assured us that we are correct in our interpretations.
 
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EO 2020-59: Is boating permitted under the order?
 
Yes. Boating, including motorized boating, kayaking, canoeing, and sailing, fall within the outdoor recreational activities permitted under the order.
Any outdoor recreational activity, including boating, must be done in a manner consistent with social distancing. Individuals are strongly encouraged to use only their own equipment to prevent the transmission of the virus through the touching of shared surfaces, and to follow all other mitigation measures recommended by the CDC. Additionally, individuals not part of a single household may not boat together.
 
While boating is permitted under the order, the provision of boating services does not itself constitute critical infrastructure work or a resumed activity as defined under the order. Accordingly, marinas, canoe liveries, and other similar businesses and operations may not designate workers to come to work for that purpose. Consistent with section 10(e) of the order, however, if a facility offers private storage for a boat, the facility may designate workers whose in-person presence is necessary to enable the boat owner to access that storage. No other boating-related services may be provided. Any such necessary in-person work must adhere to the mitigation measures required under section 11 of the order, including the enhanced social-distancing rules required under section 11(h).
 
The provision of boating supplies also does not constitute critical infrastructure work. Consistent with section 12(c) of the order, however, stores that sell necessary supplies may continue to offer for in-store sale any boating supplies the store sells in its ordinary course of business. And consistent with sections 5(d) and 10(a) of the order, all other stores may sell boating supplies remotely, for curbside pick-up or delivery. Any in-person work necessary to enable these permitted sales must adhere to the mitigation measures required under section 11 and, as applicable, section 12 of the order.
 
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A sample "designate resumed duty employee" letter is available on www.mbia.org.
 
Again, we cannot emphasize enough how important it is for all businesses to focus on both the public’s and employee’s safety by adhering to the CDC requirements along with additional steps to assure safe operation. It is also critical we educate boaters as to their responsibility as well. If social distancing is not maintained, recreational boating could again be restricted.

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Michigan Boating Industries Association | 8625 Richardson Rd. Commerce Twp. MI 48390 | Phone: 734.261.0123 | Fax: 734.261.0880

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