LANSING, Mich. (Michigan News Source) – The state of Michigan continues to include COVID-19 deaths in its reporting of fatalities in their Michigan Worker Death notification system with no proof of how, where or when
a worker got infected with COVID-19.

Workplace deaths are reported by the Michigan Occupational Safety and Health Administration (MIOSHA) by releasing preliminary details of deaths reported to them by employers. The agency says that the “description represents information provided to MIOSHA at the initial report of the incident and is not the result of the official MIOSHA
investigation.”

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They publish all MIOSH Act-covered fatalities that they investigate and the information is shared to build hazard awareness and help prevent the risk of similar occurrences in other employers’ workplaces. Once the injury or illness has been reported and investigated, the agency follows up with an inspection summary on their website.
So far, no inspection information has been published since 2019 which means that they haven’t yet released an investigation summary that verifies a COVID-19 work-related infection.

The question is – why is COVID-19 a reportable illness if it can’t be proven that the employee caught the disease in the workplace?

The reporting of where the worker caught COVID-19 relies on the judgment of the employer. They get to decide if the death was attributed to a workplace transmission.

However, there is no way to guarantee that assessment. Even MIOSHA has confirmed this. Erica Quealy, Deputy Communications Director for the Michigan Department of Labor and Economic Opportunity discusses the assessment by saying, “MIOSHA will determine on a case-by-case basis if the fatality is MIOSHA-covered and will assign as necessary.

Assigning a COVID-19 death to the categories of work-related or not work-related is difficult due to the high rate of community transmission in some areas, the potential exposure in the workplace (i.e., healthcare setting, manufacturer, office setting), and whether there are other positive COVID-19 cases in the employer’s
workplace. It is the employer’s responsibility to make the determination that the COVID-19 was acquired at work rather than in the community. MIOSHA reviews the employers rational behind the determination.”

In 2021, there were 52 deaths reported to the agency, with 18 of those deaths being COVID-19 related. That’s 34.6% of the reported cases, leading to a possible skewing of the number of actual work-related injuries, illnesses and deaths that we have in the state if the COVID-19 deaths were ever to be approved by MIOSHA as a workplace
infection.

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With no way to prove how, where or when a person gets infected with COVID-19, the employer and the state are making assumptions about an infection based on a person’s degree of risk while being employed as a medical nurse, corrections officer or any other kind of worker.

When asked why COVID-19 was a reportable illness and not the flu, Quealy responded, “The common cold or flu is not a recordable illness (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A or plague are considered work-related if the employee is infected at work).”

COVID-19 is listed as a reportable illness under the MIOSHA Safety and Health Standard rules and not because of any recent legislation or executive orders requiring them to do so.

Currently, for the 2022 work year, there have been 25 reported workplace deaths, three of which are listed as being COVID-19 related.

MIOSHA is a state government agency that regulates workplace safety in Michigan and sits within the Michigan Department of Licensing and Regulatory Affairs. They operate under an agreement with OSHA, the federal Occupational Safety and Health Administration.

The MIOSHA website says that they strive to work collaboratively with employers and employees to better prevent workplace injuries, illnesses and fatalities and that their activities focus on meeting the MIOSHA mission to protect the safety and health of all Michigan workers.