Michigan RV dealers are now permitted to report to work to facilitate online or remote sales of RVs, according to the Michigan Association of RVs and Campgrounds.
On April 9, Michigan Gov. Gretchen Whitmer issued an executive order updating the state’s previous “Stay Home, Stay Safe” order that restricted travel and business operations. The new order took effect at midnight on April 9 and ends April 30.
The part of the order relevant to RV dealers exempts certain types of workers from the stay-at-home order, including: “Workers at motor vehicle dealerships who are necessary to facilitate remote and electronic sales or leases, or to deliver motor vehicles to customers, provided that showrooms remain closed to in-person traffic.”
The order does not define “motor vehicle,” but MARVAC said it seems clear that workers may be present in-person for the purpose of facilitating the online sale of motorhomes, including delivering motorhomes to customers, as long as the showroom remains closed.
Although there is some ambiguity regarding whether the term “motor vehicles” include “recreational vehicles,” such as fifth wheels, travel trailers, pop-ups, and other campers, it is noteworthy that recreational vehicles are included in the definition of “motor vehicle” under some Michigan laws (see, e.g., MCL 492.102). Additionally, to the extent dealers are on-site to facilitate the sale of motorhomes or other motor vehicles, the executive order does not appear to prohibit dealers from facilitating other online purchases or deliveries resulting from those online purchases.
Additionally, if a member is contacted directly by the federal, state, or local unit of government, directly by a hospital of healthcare system, or through the Association, relative to manufacturing, selling, or distributing RV or parts specifically related to COVID-19 crisis supplies, certain functions and certain employees will become a part of the healthcare supply chain and, therefore, may be deemed critical infrastructure workers while responding to certain orders.
According to MARVAC, businesses resuming operations for the sale of motor vehicles or other critical infrastructure purposes must follow these conditions:
- Designate “critical infrastructure workers” and inform them as required
- Restrict the number of workers on premises to those strictly necessary
- Promote remote work to the extent possible
- Enforce social distancing to the extent possible (e.g., keep everyone at least six feet away from each other)
- Increase cleaning standards and disinfecting protocols and adopt protocols for cleaning and disinfecting in the event of a positive COVID-19 case in the workplace
- Adopt policies to prevent workers from entering the premises if they display any respiratory symptoms or have had contact with someone who is known or suspected to have COVID-19
- Adopt any other social distancing practices and mitigation measures recommended by the Centers for Disease Control and Prevention
It is important to remember that the executive order’s underlying purpose is to protect Michigan residents and to keep citizens safe, MARVAC said. Before resuming operations for the sale of motor vehicles, dealers should also review local and county orders regarding COVID-19, many of which are more restrictive that the new Executive Order or require screening or additional measures not addressed above (including requirements to conduct and document daily health screenings in many jurisdictions).
