300 Ellsworth Avenue Southwest,
Grand Rapids,
49503
Michigan,
United States
1. Per the new Michigan Department of Health and Human Services Order Under MCL 333.2253 each person must wear a mask when in a indoor shared space. There are no exceptions made for public transportation, nor is public transportation listed in a special category in the Order. The order says a business MAY accept individual's word on a mask exemption. It doesn't say they MUST. Several organizations consider a maskless individual to be a possible COVID 19 carrier and do not allow them entry into their business. The Rapid allows any passenger to state they have a medical condition and ride without a mask. Transporting a maskless passenger puts the bus driver at risk of contracting COVID 19. 2. On October 21st management sent out a message to drivers via the Avail message system that " if a passenger tells you they have a medical condition AND they cant wear a mask you must let them ride. This is the one exception to the mandatory mask policy. Questions? Ask a supervisor". This company policy violates the MI DHHS order which only allows a person to not wear a mask when they cannot medically tolerate it. Not the more liberal company interpretation of " when they have a medical condition". Not all medical conditions (for example, bone spurs) would allow an individual to state that a mask is not able to be medically tolerated. 3. The Rapid states the ADA as being the law they use for guidance regarding requiring individuals to wear a mask. They state that drivers must wear some type of face covering and require they provide a note from a doctor to be excused from wearing a mask. Those drivers who can't wear a mask must at least wear a face shield. The Rapid allows any passenger to simply state they have medical condition and wear no face covering whatsoever (mask or face shield). Drivers are required to transport a maskless passenger for a bus trip that can last up to an hour and a half putting both driver and other passengers at risk. It has recently been discovered that COVID 19 can spread via aerosolized droplets that can stay in the air for up to 3 hours and can travel much further than 6 feet. This increases the chance that a maskless passenger could infect both the driver or other passengers. 4. While the Rapid states the ADA is the reason they allow anyone with a medical condition to ride without a mask, "The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations," the Department of Justice Department, which helps enforce the ADA, said in a June 30 press release. The ADA also has a clause that deals with a direct threat as a result of accommodating a disability. A direct threat under the ADA is any substantial risk to the health and safety a disabled person poses to others, which cannot be countered with reasonable accommodations. With a high COVID 19 positivity rate, we should assume anyone could be a carrier. Accommodating someone to ride without a face covering whatsoever creates a direct threat as the individual could have COVID 19 or be a carrier. 5. While the Rapid has a paratransit unit ( Go Bus) to accommodate those with disabilities (that restrict them from riding the standard line haul buses), they refuse to use this service for its purpose in terms of those with mask Intolerances. For example, if someone has a disability or medical condition that makes a mask medically intolerant that individual could ride the Go Bus which in turn could be more easily protected (via barriers between passenger and driver) and more easily cleaned (due to their small size). 6. The MI DHHS order has restrictions on gatherings (as defined as 2 or more people from a different household in a shared space). space). The order restricts individuals in a shared space to 10 people in an indoor space or 20% of the number of seats. No exceptions are made for public transportation. The Rapid has ignored this order and often has buses crammed full of
Source: Osha.gov | Receipt Date: 2020-10-26
