reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1001 - Short Title.

408.1001 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan occupational safety and health act".
History:
1974, Act 154, Eff. Jan. 1, 1975
Compiler's Notes:
For transfer of powers and duties of the division of occupational health in the bureau of environmental and occupational health, with the exception of dry cleaning unit, from the department of public health to the director of the department of labor, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of powers and duties relating to the promulgation of rules by the general industry safety standards commission, the construction safety standards commission, the occupational health standards commission, and the board of health and safety compliance and appeals from the department of labor to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.For the transfer of the Michigan occupational safety and health administration from the department of licensing and regulatory affairs to the department of labor and economic opportunity and the powers and duties of the director of the department of licensing and regulatory affairs to the director of the department of labor and economic opportunity, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1002 - Scope of Act; Effect on Statutory or Common Law.

408.1002 Scope of act; effect on statutory or common law.
Sec. 2.
(1) This act shall apply to all places of employment in the state, except in domestic employment and in mines as defined in section 4.
(2) Nothing in this act shall be construed to supersede or in any manner affect any workers' compensation law, or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1003 - Meanings of Words and Phrases.

408.1003 Meanings of words and phrases.
Sec. 3.
The words and phrases defined in sections 4 to 6 have the meanings respectively ascribed to them for the purposes of this act.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1005 - Definitions; E to I.

408.1005 Definitions; E to I.
Sec. 5.
(1) "Employee" means a person permitted to work by an employer.
(2) "Employer" means an individual or organization, including this state or a political subdivision, that employs 1 or more persons. Except as otherwise specifically provided in the franchise agreement, as between a franchisee and franchisor, the franchisee is considered the sole employer of workers for whom the franchisee provides a benefit plan or pays wages.
(3) "Imminent danger" means a condition or practice in a place of employment such that a danger exists that could reasonably be expected to cause death or serious physical harm either immediately or before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided. A container of an unknown and unlabeled chemical or a container of hazardous chemicals that is not labeled or for which a safety data sheet is not available as required by the standard incorporated by reference in section 14a shall be considered an imminent danger after meeting the provisions of section 31.
(4) "Inspection" means the examination or survey of a place of employment to detect the presence of an existing or potential occupational safety or health hazard or to determine compliance with this act or with rules or standards promulgated or orders issued under this act.
(5) "Investigation" means the detailed evaluation or study of working conditions, including equipment, processes, substances, air contaminants, or physical agents with respect to the actual or potential occurrence of occupational accidents, illnesses, or diseases.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012 ;-- Am. 2016, Act 17, Eff. May 23, 2016
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1006 - Definitions; P to W.

408.1006 Definitions; P to W.
Sec. 6.
(1) "Place of employment" means a factory, plant, establishment, construction site or other similar area, workplace, or environment where an employee is permitted to work.
(2) "Political subdivision" means a city, village, township, county, school district, intermediate school district, or state or local government authorized or supported agency, authority, or institution.
(3) "Rule" means a rule as defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207. A rule may only be promulgated by the director except as otherwise specifically prescribed in this act.
(4) "Serious violation" means a violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act or adopted by reference pursuant to this act for which a substantial probability exists that death or serious physical harm could result from the violation or from a practice, means, method, operation, or process that is in use, unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
(5) "Standard" means a health or safety standard that specifies conditions, or the adoption or use of 1 or more practices, means, methods, operations, or processes necessary to provide safe and healthful employment in places of employment.
(6) "Trade secret" means a confidential process, formula, pattern, device, or compilation of information that is used in the employer's business and that gives the business an opportunity to obtain an advantage over competitors who do not know or use it.
(7) "Wilful", for the purpose of criminal prosecutions, means the intent to do an act knowingly and purposely by an individual who, having a free will and choice, either intentionally disregards a requirement of this act, or a rule or standard promulgated pursuant to this act, or is knowingly and purposely indifferent to a requirement of this act, or a rule or standard promulgated pursuant to this act. An omission or failure to act is wilful if it is done knowingly and purposely. Wilful does not require a showing of moral turpitude, evil purpose, or criminal intent provided the individual is shown to have acted or to have failed to act knowingly and purposely.
(8) "Working day" means any day other than a Saturday, Sunday, or state legal holiday.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 300, Eff. Mar. 30, 1978 ;-- Am. 1978, Act 455, Imd. Eff. Oct. 16, 1978 ;-- Am. 2012, Act 416, Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1009 - Legislative Declaration.

408.1009 Legislative declaration.
Sec. 9.
The safety, health, and general welfare of employees are primary public concerns. The legislature hereby declares that all employees shall be provided safe and healthful work environments free of recognized hazards.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1011 - Duties of Employer.

408.1011 Duties of employer.
Sec. 11.
An employer shall:
(a) Furnish to each employee, employment and a place of employment that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee.
(b) Comply with this act and with the rules and standards promulgated and the orders issued pursuant to this act.
(c) Post notices and use other appropriate means to keep his or her employees informed of their protections and obligations under this act, including applicable rules and standards.
(d) Provide personal protective equipment at the employer's expense when it is specifically required to be provided at the employer's expense in a rule or a standard promulgated under this act. When promulgating a rule or a standard concerning personal protective equipment, the director shall use at least the following criteria in determining who should pay for the equipment:
(i) Whether the equipment is transferable between employees.
(ii) Whether the equipment is maintained by the employer.
(iii) Whether the equipment generally remains at the work site after the work activity has been completed.
(iv) The amount of personal use involved with the equipment.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980 ;-- Am. 1980, Act 51, Imd. Eff. Mar. 25, 1980 ;-- Am. 1986, Act 80, Eff. May 25, 1986 ;-- Am. 2012, Act 416, Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1012 - Duties of Employee.

408.1012 Duties of employee.
Sec. 12.
An employee shall:
(a) Comply with rules and standards promulgated, and with orders issued pursuant to this act.
(b) Not remove, displace, damage, destroy, or carry off a safeguard furnished or provided for use in a place of employment, or interfere in any way with the use thereof by any other person.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1013 - Administration and Enforcement; Reports.

408.1013 Administration and enforcement; reports.
Sec. 13.
(1) The department of labor shall administer and enforce the provisions of this act relative to occupational safety.
(2) The department of public health shall administer and enforce the provisions of this act relative to occupational health.
(3) The department of labor and department of public health shall report annually by January 31 in writing to the committees on labor and public health of the house of representatives and committees on labor and health, social services and retirement of the senate specifying the provisions of this act where the authority of the departments overlap, and all agreements and administrative procedures to coordinate joint enforcement of the act. Any changes in these agreements or administrative procedures must be reported in writing to the committees on labor and public health of the house of representatives and committees on labor and health, social services and retirement of the senate within 15 days of the changes.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 233, Imd. Eff. Nov. 30, 1977 ;-- Am. 1978, Act 455, Imd. Eff. Oct. 16, 1978
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014b - Disclosure of Specific Chemical Identity, Percentage Composition, or Both.

408.1014b Disclosure of specific chemical identity, percentage composition, or both.
Sec. 14b.
In nonemergency situations, a chemical manufacturer, importer, or employer claiming a trade secret, upon request, shall disclose a specific chemical identity, percentage composition, or both, otherwise permitted to be withheld under the standard incorporated by reference in section 14a, in addition to a health professional as specified in 29 CFR 1910.1200(i)(3), to an occupational health nurse providing medical or other occupational health services to exposed employees, to an authorized employee representative of an exposed employee, and to an exposed employee, if the occupational health nurse, the representative, and the employee comply with the requirements described in 29 CFR 1910.1200(i)(3) and (4).
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014c - Identification of Pipes and Piping Systems in Workplace; Establishment of Pipe and Stationary Process Container Entry Procedure; Applicable Provisions.

408.1014c Identification of pipes and piping systems in workplace; establishment of pipe and stationary process container entry procedure; applicable provisions.
Sec. 14c.
Pipes or piping systems in a workplace that contain a hazardous chemical shall be identified to an employee by a label or by a sign, placard, written operating instructions, process sheet, batch ticket, or a substance identification system that conveys the same information required to be displayed on a label by the standard incorporated by reference in section 14a. The employer shall provide at least 1 label, sign, placard, set of written operating instructions, process sheet, batch ticket, or a substance identification system selected by the employer and readily accessible to each employee at a location in the workplace designated by the employer. The employer shall establish a pipe and stationary process container entry procedure that will assure that the information required by 29 C.F.R. 1910.1200(f) is conveyed to an employee before entry. The requirements of this subsection shall apply in addition to the occupational safety and health hazard communication standard incorporated by reference in section 14a.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014e - Public Service Announcements.

408.1014e Public service announcements.
Sec. 14e.
In order to educate employers, employees, and the public about the hazards of exposure to hazardous chemicals and the requirements of the occupational safety and health hazard communication standard incorporated by reference in section 14a and the requirements of sections 14b to 14l, the department of licensing and regulatory affairs shall distribute periodically public service announcements to newspapers and television and radio stations throughout this state.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014f - Employer Engaged in Agricultural Operations; Certifying List of Chemicals.

408.1014f Employer engaged in agricultural operations; certifying list of chemicals.
Sec. 14f.
(1) An employer engaged in agricultural operations is not required to comply with the standard incorporated by reference in section 14a or sections 14b to 14l for a hazardous chemical that is regulated under the federal insecticide, fungicide, and rodenticide act, chapter 125, 86 Stat. 973, 7 USC 136 to 136i and 136j to 136y, or part 83 (pesticide control) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336, and any rules or regulations promulgated under those acts.
(2) The director of the department of agriculture and rural development at least annually shall certify to the department of licensing and regulatory affairs a list of chemicals regulated by the acts described in subsection (1).
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 1996, Act 70, Imd. Eff. Feb. 26, 1996 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
Admin Rule:
R 285.633.1 et seq. and R 285.636.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014g - Chemical in Sealed Package in Transit by Common Carrier.

408.1014g Chemical in sealed package in transit by common carrier.
Sec. 14g.
An employer is not required to comply with the standard incorporated by reference in section 14a or with sections 14b to 14l with respect to a chemical in a sealed package and in transit by a common carrier if the seal remains intact while in transit.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014h - Employer Engaged in Construction Operations.

408.1014h Employer engaged in construction operations.
Sec. 14h.
An employer engaged in construction operations may satisfy the requirements of the standard incorporated in section 14a and sections 14b to 14l that a safety data sheet be maintained for each hazardous chemical in the workplace by maintaining safety data sheets in 1 or more central locations at a jobsite.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014i - Plan for Executing Responsibilities of Organized Fire Department.

408.1014i Plan for executing responsibilities of organized fire department.
Sec. 14i.
The chief of each organized fire department shall prepare and disseminate to each fire fighting employee of the organized fire department a plan for executing the department's responsibilities with respect to each site within the organized fire department's jurisdiction where hazardous chemicals are used or produced.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014j - Signs Throughout Workplace; Contents.

408.1014j Signs throughout workplace; contents.
Sec. 14j.
An employer subject to the standard incorporated by reference in section 14a and to sections 14b to 14l shall post signs throughout the workplace advising employees of all of the following:
(a) The location of the safety data sheets for the hazardous chemicals produced or used in the workplace and the name of the person from whom to obtain the sheets.
(b) That the employer is prohibited from discharging or discriminating against an employee who exercises the rights regarding information about hazardous chemicals in the workplace afforded by the standard incorporated by reference in section 14a and by sections 14b to 14l.
(c) That, as an alternative to requesting the employer for a safety data sheet for a hazardous chemical in the workplace, the employee may obtain a copy of the safety data sheet from the department of licensing and regulatory affairs. The sign shall include the address and telephone number of the division of the department of licensing and regulatory affairs that has the responsibility of responding to such requests.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014k - Safety Data Sheets for Hazardous Chemicals in Workplace; Organization; Training Employees; Notice of New or Revised Sheets.

408.1014k Safety data sheets for hazardous chemicals in workplace; organization; training employees; notice of new or revised sheets.
Sec. 14k.
(1) An employer who is subject to the standard incorporated by reference in section 14a and to sections 14b to 14l shall organize the safety data sheets for the hazardous chemicals in the workplace in a systematic and consistent manner and shall train employees in locating particular safety data sheets.
(2) Not later than 5 working days after receipt of a new or a revised safety data sheet, the employer shall post for a period of 10 working days a notice of the existence of the new or revised sheet and directions for locating the new or revised sheet according to the method used by the employer for organizing safety data sheets.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014l - Failure to Provide Exposed Employee With Access to Most Current Safety Data Sheet.

408.1014l Failure to provide exposed employee with access to most current safety data sheet.
Sec. 14l.
The failure of an employer who is subject to the standard incorporated by reference in section 14a and to this section and sections 14b to 14k to provide an exposed employee with access to the most current safety data sheet available to the employer shall not be considered by the department as a violation for which a de minimis notice of violation may be issued under section 33(5). The department may consider the violation to be a serious violation or a violation not of a serious nature for which a citation may be issued under section 35.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014m - Conflicting Provisions Unenforceable.

408.1014m Conflicting provisions unenforceable.
Sec. 14m.
The standard incorporated by reference in section 14a and sections 14b to 14 l occupy the entire field of regulation of occupational safety and health with respect to hazardous chemicals in the workplace. Except as specifically provided in this act, any provision of any ordinance, law, rule, regulation, policy, or practice of a city, township, village, county, governmental authority created by statute, or other political subdivision of the state that imposes any requirement on an employer or expands the rights of an employee with respect to the communication of the hazards of hazardous chemicals in the workplace shall be considered in conflict with this act and shall not be enforceable.
History:
Add. 1986, Act 80, Imd. Eff. Apr. 7, 1986
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014n - Federal Occupational Safety and Health Field Sanitation Standard; Incorporation by Reference; Effect; Providing Potable Water, Toilet Facility, and Hand Washing Facility for Agricultural Employees; Administration and Enforcement of Incorporated Standard; Copies of Standard.

408.1014n Federal occupational safety and health field sanitation standard; incorporation by reference; effect; providing potable water, toilet facility, and hand washing facility for agricultural employees; administration and enforcement of incorporated standard; copies of standard.
Sec. 14n.
(1) Except as provided in subsections (2) and (3), the occupational safety and health field sanitation standard that has been adopted or promulgated by the United States department of labor and has been codified at 29 C.F.R. 1928.110 as of April 1, 1991 is incorporated by reference and supersedes the occupational health field sanitation standard as prescribed in R 325.61751 to R 325.61757 of the Michigan administrative code, and has the same force and effect as a rule promulgated pursuant to this act.
(2) An agricultural employer shall provide, at no cost to the agricultural employee, potable water in locations that are readily accessible to all agricultural employees.
(3) An agricultural employer employing less than 11 agricultural employees shall ensure that an available toilet facility and hand-washing facility is either provided by the agricultural employer or available to the agricultural employee.
(4) The department of public health shall administer and enforce the standard incorporated by reference in subsection (1) in a manner that is consistent with the administration and enforcement of the standard by the federal occupational safety and health administration.
(5) The department of public health shall make copies of the standard described in subsection (1) and the requirements of subsections (2) and (3) available to the public at cost.
History:
Add. 1991, Act 6, Imd. Eff. Apr. 11, 1991 ;-- Am. 1991, Act 105, Imd. Eff. Oct. 3, 1991
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1014r - Use of Firefighting Foam Concentrate (Pfas); Rules.

408.1014r Use of firefighting foam concentrate (PFAS); rules.
Sec. 14r.
(1) The director shall promulgate rules regarding a firefighter's use of firefighting foam concentrate. The rules may only include the following:
(a) The best practices regarding proper use, handling, and storage of firefighting foam concentrate.
(b) The best health practices including, but not limited to, all of the following:
(i) Containment and handling of PFAS-contaminated materials, including a firefighter's equipment, until they are disposed of pursuant to the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.
(ii) Decontamination of a firefighter's body and equipment following the use of firefighting foam.
(c) A prohibition on the use of firefighting foam concentrate containing intentionally added PFAS by a firefighter for training purposes.
(d) A prohibition on the use of firefighting foam concentrate containing intentionally added PFAS by a firefighter for equipment calibration purposes after January 1, 2020, unless 1 or more of the following apply:
(i) The calibration is otherwise required by law.
(ii) The facility where the calibration will take place has implemented measures that comply with the rules promulgated under this section.
(2) As used in this section:
(a) "Firefighter" means either of the following:
(i) That term as defined in section 2 of the firefighters training council act, 1966 PA 291, MCL 29.362.
(ii) An individual employed by a person and who in that employment is knowledgeable, trained, and skilled in at least basic firefighting operations.
(b) "PFAS" means a perfluoroalkyl or polyfluoroalkyl substance.
History:
Add. 2020, Act 143, Imd. Eff. July 31, 2020
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1015 - Repealed. 2012, Act 416, Eff. Dec. 27, 2012.

408.1015 Repealed. 2012, Act 416, Eff. Dec. 27, 2012.
Compiler's Notes:
The repealed section pertained to creation, appointment, and procedures of general industry safety standards commission.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1016 - Promulgation, Expression, and Adoption of Standards by Director.

408.1016 Promulgation, expression, and adoption of standards by director.
Sec. 16.
The director may promulgate standards in accordance with this act to prevent accidents in places of employment and to protect the life and safety of employees. If another state agency has rules promulgated before the effective date of this act that regulate a place of employment relative to the safety of the public, the rules of the other state agency apply only to the safety of the public. If practicable, the standards promulgated shall be expressed in terms of objective criteria and of the performance desired.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1978, Act 455, Imd. Eff. Oct. 16, 1978 ;-- Am. 1991, Act 105, Imd. Eff. Oct. 3, 1991 ;-- Am. 2012, Act 416, Eff. Dec. 27, 2012
Admin Rule:
R 408.491 et seq.; R 408.1200; R 408.3901 et seq.; R 408.10001 et seq.; R 408.14511 et seq.; and R 408.45101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1017 - Workplace Ergonomics; Promulgation of Rules Prohibited; Federal Rules or Guidelines; "Workplace Ergonomics" Defined.

408.1017 Workplace ergonomics; promulgation of rules prohibited; federal rules or guidelines; "workplace ergonomics" defined.
Sec. 17.
(1) A department, board, or commission authorized to promulgate rules under this act shall not promulgate a rule or establish a standard regarding workplace ergonomics. This subsection does not apply to the adoption by reference of a federal workplace ergonomics rule.
(2) A department, board, or commission authorized to promulgate rules under this act may provide guidance, best practices information, or assistance for the voluntary implementation or practice of a workplace ergonomics program. If there are federal occupational safety and health administration ergonomics guidelines, the guidance or other assistance shall not advocate workplace ergonomic programs that are more stringent than indicated in those guidelines.
(3) For purposes of this section, "workplace ergonomics" means a program or practice that addresses musculoskeletal disorders that are caused by repetitive motion or stress.
History:
Add. 2011, Act 10, Imd. Eff. Mar. 24, 2011
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1018 - Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012.

408.1018 Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012.
Compiler's Notes:
The repealed section pertained to creation, appointment, qualifications, and meetings of construction safety standards commission.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1019 - Promulgation of Standards by Director.

408.1019 Promulgation of standards by director.
Sec. 19.
The director may promulgate construction safety standards in accordance with this act and based upon, but not limited to, generally accepted nationwide engineering standards and practices designed to prevent accidents and to protect the life and safety of employees engaged in construction operations. If practicable, the standards promulgated shall be expressed in terms of objective criteria and of the performance desired.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1991, Act 105, Imd. Eff. Oct. 3, 1991 ;-- Am. 2012, Act 448, Imd. Eff. Dec. 27, 2012
Admin Rule:
R 408.40101 et seq. and R 408.41401 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1021 - Continuation of Safety Standards; Emergency Safety Standards; Promulgation of Approved Standard.

408.1021 Continuation of safety standards; emergency safety standards; promulgation of approved standard.
Sec. 21.
(1) Standards promulgated by the former general industry safety standards commission and standards promulgated by the former construction safety standards commission under this act that are in effect on the effective date of the amendatory act that repealed section 15 of this act are continued under section 31 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.231.
(2) The director shall promulgate an emergency safety standard in compliance with section 48 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.248, if the emergency safety standard is necessary to protect employees. If the director promulgates an emergency standard on a matter addressed by a federal standard, the director shall promulgate a standard that is substantially similar to the federal standard unless he or she determines and certifies that the federal standard is clearly inconsistent with the criteria set forth in section 9, 16, or 19, or a combination thereof.
(3) Except for a standard adopted by reference pursuant to section 14, a standard approved by the director pursuant to section 16 or 19 shall be promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1975, Act 152, Imd. Eff. July 9, 1975 ;-- Am. 1978, Act 455, Imd. Eff. Oct. 16, 1978 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980 ;-- Am. 1991, Act 105, Imd. Eff. Oct. 3, 1991 ;-- Am. 2012, Act 416, Eff. Dec. 27, 2012
Admin Rule:
R 408.10001 et seq.; R 408.40101 et seq.; and R 408.41401 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1023 - Repealed. 2012, Act 447, Imd. Eff. Dec. 27, 2012.

408.1023 Repealed. 2012, Act 447, Imd. Eff. Dec. 27, 2012.
Compiler's Notes:
The repealed section pertained to creation, appointment, qualifications, and meetings of the occupational health standards commission.
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1030 - Safety and Health Inspector at Site of Tunnel, Shaft, Caisson, or Cofferdam; Qualifications; Powers and Duties; Cost of Wages and Fringe Benefits; Advising of and Publishing Regular and Overtime Rates; Tunnel Construction Activity Exceeding 60 Hours per Week; Employer's Responsibility Not Diminished.

408.1030 Safety and health inspector at site of tunnel, shaft, caisson, or cofferdam; qualifications; powers and duties; cost of wages and fringe benefits; advising of and publishing regular and overtime rates; tunnel construction activity exceeding 60 hours per week; employer's responsibility not diminished.
Sec. 30.
(1) The department of labor shall provide a full-time safety and health inspector at the site where a tunnel, shaft, caisson, or cofferdam is constructed or repaired under pressurized conditions. The inspector shall:
(a) Have training and experience in, and knowledge of, pressurized tunnel construction.
(b) Have training and experience in, and an understanding of, ventilation systems.
(c) Have training and experience in, and knowledge of, the safety and health standards relating to pressurized tunnel construction.
(d) Maintain a complete and detailed log of construction activity.
(e) Test, monitor, and record the air quality in all work areas and unoccupied areas of the completed work.
(f) Report immediately to the employer and affected employees the existence of an imminent danger or serious violation.
(g) Conduct investigations and enforce this act and rules promulgated and orders issued under this act.
(2) The contracting party for whom a tunnel is constructed or repaired under pressurized conditions shall pay the cost of the safety and health inspector's wages and fringe benefits. The cost shall be paid to the department of labor to the credit of the general fund of the state. The department of labor shall advise contracting parties upon request, and publish regularly the regular and overtime rates for the safety and health inspector required by this section.
(3) If the tunnel construction activity exceeds 60 hours per week, the department shall provide a full-time safety and health inspector for each 60 hours of tunnel construction activity or portion thereof.
(4) This section shall not diminish the employer's responsibility under this act.
History:
Add. 1977, Act 293, Imd. Eff. Dec. 29, 1977 ;-- Am. 1978, Act 115, Imd. Eff. Apr. 18, 1978
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1036 - Civil Penalties; Assessment; Schedule; Payment; Recovering Unpaid Penalty.

408.1036 Civil penalties; assessment; schedule; payment; recovering unpaid penalty.
Sec. 36.
(1) The board shall assess civil penalties, considering the size of the business, the seriousness of the violation, the good faith efforts of the employer, and the history of previous citations, and may establish a schedule of civil penalties.
(2) Beginning April 1, 1992, the department of labor and the department of public health shall administer and enforce the assessment of civil penalties in a manner that is consistent with the administration and enforcement of civil penalties by the federal occupational safety and health administration.
(3) A civil penalty owed under this act shall be paid to the department of labor or the department of public health, whichever is appropriate, within 15 working days after the date the penalty becomes a final order of the board, not subject to further agency or judicial review. Beginning April 1, 1992, a civil penalty shall be credited to the state general fund.
(4) If a civil penalty remains unpaid beyond the period of time specified in subsection (3), the department of labor or the department of public health, whichever is appropriate, shall issue a letter to the employer demanding payment within 20 days after the date of the letter.
(5) If the penalty remains unpaid following the period specified in subsection (4), the appropriate department shall transmit information on the amount of the penalty and the name and address of the employer owing the penalty to the department of treasury.
(6) The department of treasury shall institute proceedings to collect the amount assessed as a civil penalty. The department of treasury shall offset the amount of the penalty against money owed by the state to the employer. The department of treasury shall request that the attorney general recover the amount of the penalty remaining unpaid, after offsets, by instituting a civil action in the circuit court for the county in which the violation occurred or in the circuit court for the county in which the employer owing the penalty has its principal place of business.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980 ;-- Am. 1986, Act 24, Imd. Eff. Mar. 10, 1986 ;-- Am. 1991, Act 105, Imd. Eff. Oct. 3, 1991
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1037 - Evidence and Investigation of Criminal Violation.

408.1037 Evidence and investigation of criminal violation.
Sec. 37.
The department shall turn over evidence of a criminal violation of this act to the department attorney and shall assist in the investigation of a criminal violation.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 300, Eff. Mar. 30, 1978
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1042 - Hearing; Order; Rules of Procedure; Report of Hearing Officer.

408.1042 Hearing; order; rules of procedure; report of hearing officer.
Sec. 42.
Upon receipt of a notice from an employer, employee, or an employee representative that the employer wishes to appeal the department's decision relative to a citation, abatement period, or proposed penalty or fine, or that an employee or an employee representative wishes to appeal the department's decision relative to a proposed abatement, classification of citation, or penalty, the department shall notify the board, and the board shall afford an opportunity for a hearing. If an employee or employee representative appeals the department's decision with respect to the violation abatement period, the appeal shall not stay the abatement period. The board shall cause an inquiry into the fact and issue an order based upon findings of fact, affirming, modifying, or rescinding the citation or proposed penalty or fine, or directing other appropriate relief. The order is final 20 days after receipt by affected parties. The rules of procedure prescribed by a board shall provide for a hearing officer to make a determination upon a proceeding before the board and shall provide affected employees or their employee representative an opportunity to participate as parties to the hearing under this section. A hearing officer shall make a report to the board of a determination which constitutes a final disposition of a proceeding. Copies of the report shall be served on all parties. The report of the hearing officer shall become the final order of the board within 30 days after filing with the board and parties, unless a member of the board directs that the report be reviewed and acted upon by the board.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1043 - Hearing; Conduct of Proceedings.

408.1043 Hearing; conduct of proceedings.
Sec. 43.
Proceedings in a hearing shall be conducted in accordance with the procedures applicable to the trial of contested cases under Act No. 306 of the Public Acts of 1969, as amended.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1044 - Review of Report of Hearing Officer; Powers of Board; Order Affirming or Modifying Abatement Requirements; Judicial Review of Order or Standard.

408.1044 Review of report of hearing officer; powers of board; order affirming or modifying abatement requirements; judicial review of order or standard.
Sec. 44.
(1) In reviewing a report of a hearing officer, the board by a vote of not less than a majority of its members may:
(a) Dismiss the citation.
(b) Modify the citation.
(c) Modify the abatement time of the citation.
(d) Issue a final order sustaining the citation, the abatement time, or the assessed penalty.
(e) Vacate or modify assessed penalties.
(2) Upon a showing by an employer that a good faith effort has been made to comply with the abatement requirements of a citation that has become a final order of the board as provided in this act, and that the abatement has not been completed because of circumstances beyond the reasonable control of the employer, the board, after a hearing, if requested by the employer, affected employees, or the department, shall issue an order affirming or modifying the abatement requirements in the citation.
(3) A person or department adversely affected or aggrieved by an order of the board issued under this act or a standard promulgated by a commission pursuant to this act may obtain judicial review of the order or standard pursuant to Act No. 306 of the Public Acts of 1969, as amended.
History:
1974, Act 154, Eff. Jan. 1, 1975
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1045 - Cease Operation Order; Enforcement Proceedings.

408.1045 Cease operation order; enforcement proceedings.
Sec. 45.
If an employer fails to comply with a final order of the board, the department may issue an order directing the employer to cease operating or render inoperable, in accordance with the order of the department, so much of his operation as is necessary to eliminate the hazard which is the subject of the order. When a cease operation order is not appropriate or not obeyed, the department shall refer the matter to the department attorney who shall promptly institute proceedings in the circuit court for the county in which the violation exists to enforce the department's orders.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 300, Eff. Mar. 30, 1978
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1048 - Conducting Business at Public Meeting; Notice.

408.1048 Conducting business at public meeting; notice.
Sec. 48.
The business which a board, commission, or committee created pursuant to this act may perform shall be conducted at a public meeting of the board, commission, or committee held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of a meeting of a board, commission, or committee created pursuant to this act shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
History:
Add. 1978, Act 181, Imd. Eff. June 4, 1978
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1052 - Department Attorney as Representative of Departments, Board, and Commissions in Litigation; Board Not Considered Party in Judicial Review Proceeding.

408.1052 Department attorney as representative of departments, board, and commissions in litigation; board not considered party in judicial review proceeding.
Sec. 52.
(1) The department attorney shall represent the department of labor, the department of public health, and the board and commissions established under this act in any litigation under this act.
(2) The board shall not be considered to be a party in a judicial review proceeding brought pursuant to this act.
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1977, Act 300, Eff. Mar. 30, 1978
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1054 - Safety Education and Training Division; Creation; Functions; Newsletter; Statement as to Standard, Rule, or Order.

408.1054 Safety education and training division; creation; functions; newsletter; statement as to standard, rule, or order.
Sec. 54.
(1) A safety education and training division is created within the department of licensing and regulatory affairs.
(2) The functions of the safety education and training division shall include:
(a) The development and application of a statewide safety education and training program to familiarize employers, supervisors, employees, and union leaders with techniques of accident investigation and prevention.
(b) The development and utilization of consultative educational techniques to achieve long-range solutions to occupational safety problems.
(c) The development of training programs for the department safety compliance staff.
(d) The acquisition, development, and distribution of occupational safety pamphlets, booklets, brochures, and other appropriate safety media as may be useful to accomplish the objectives of the safety education and training division.
(e) The conduct of other activities as necessary for the implementation of an effective safety education and training program.
(f) The development and administration of a program for employers, with special emphasis on small business employers, providing technical and educational assistance.
(g) The development and implementation of a training and education program for department staff engaged in the administration and enforcement of this act.
(3) The department shall publish a newsletter at least quarterly.
(4) When the director promulgates a standard or a rule or issues an order, a brief statement shall be included indicating the reasons for the action, which shall be published in the newsletter published under subsection (3).
History:
1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1979, Act 149, Eff. Mar. 27, 1980 ;-- Am. 2012, Act 447, Imd. Eff. Dec. 27, 2012
2023 Michigan Compiled Laws › Chapter 408 - Labor › Act 154 of 1974 - Michigan Occupational Safety and Health Act (408.1001 - 408.1094) › Section 408.1056 - Occupational Health Education and Training Program.

408.1056 Occupational health education and training program.
Sec. 56.
The department of public health shall conduct an occupational health education and training program with employees and employers for the prevention of occupational health hazards, to achieve long-range solutions to occupational health problems, and to train persons in the recognition and control of occupational health hazards.
History:
1974, Act 154, Eff. Jan. 1, 1975