Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22338 - Complaints by employees

Current through Vol. 24-12, July 15, 2024
Rule 1338.
(1) Any
				  employee or representative of employees, who believes that a violation of the
				  act which threatens physical harm exists in a workplace where the employee is
				  employed, may request an inspection or investigation of the workplace by giving
				  notice of the alleged violation to the department. The notice shall be reduced
				  to writing, shall set forth with reasonable particularity the grounds for the
				  notice, and shall be signed by the employee or representative of employees. A
				  copy shall be provided the employer or his agent by the department or
				  department representative no later than at the time of inspection or
				  investigation, except that, upon the request of the person giving the notice,
				  his name and the names of individual employees referred to therein shall not
				  appear in the copy or on any record published, released, or made available by
				  the department.
(2) If, upon
				  receipt of such notice, the department determines that the complaint meets the
				  requirements set forth in subrule (1) of this rule, and that there are
				  reasonable grounds to believe that the alleged violation exists, the department
				  shall cause an inspection or investigation to be made as soon as practicable to
				  determine if the alleged violation exists. Inspections or investigations under
				  this rule need not be limited to matters referred to in the
				  complaint.
(3) If the department
				  determines that an inspection or investigation is not warranted because the
				  written complaint does not meet the provisions of subrule (1) of this rule, the
				  department shall notify the complaining party, in writing, of such
				  determination. The determination shall be without prejudice to the filing of a
				  new complaint meeting the requirements of subrule (1) of this rule.
(4) Prior to or during an inspection or
				  investigation of a workplace, an employee or representative of employees
				  employed in the workplace may notify the department representative, in writing,
				  of any violation of the act, or of any rule promulgated under the act, which he
				  has reason to believe exists in such workplace. Any such notice shall comply
				  with the requirements of subrule (1) of this rule.
(5) When an employee or a representative of
				  employees believes that a condition exists which may present an imminent danger
				  to an employee, he may notify either department in the most expedient manner
				  without regard to a written notice. Upon notification of an alleged imminent
				  danger, the department shall cause an immediate inspection to be made or take
				  other action that it finds necessary to abate the danger as provided by
				  R 408.22342 of this part.
(6) If a citation is issued for a violation
				  alleged in a request for inspection under subrule (1) of this rule or a
				  notification of violation under subrule (4) of this rule, a copy of the
				  citation issued shall be sent to the employee or representative of employees
				  who made such request or notification.
(7) A person shall not discharge, or in any
				  manner discriminate against, an employee because the employee filed a complaint
				  or instituted, or caused to be instituted, a proceeding under, or regulated by,
				  the act; or because the employee testified, or is about to testify, in any such
				  proceeding; or because of the exercise by such employee, on behalf of himself
				  or others, of any right afforded by the act.