reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21415 - Responsibility of employers to notify employees of proceedings

Current through Vol. 24-12, July 15, 2024
Rule 415.
(1)
					 The employer shall, upon filing an appeal at the place where citations are
					 required to be posted, post a copy of the notice of appeal and serve, by
					 prepaid postage, first class mail, or by personal delivery, a copy of the
					 notice of appeal on an authorized employee representative. The notice shall
					 inform the affected employees of their right to party status and of the
					 availability of all pleadings for their inspection and copying at reasonable
					 times. The notice shall remain posted until the notice of hearing is received
					 and posted. The employee rights statement made in the following form shall be
					 deemed to comply with this rule:
"(name of employer) Your employer has been cited by the
						(Michigan Department of Consumer and Industry Services or Michigan Department
						of Public Health) for violation of an occupational safety or health
						standard.
The citation (or penalty) has been contested and will be
						the subject of a hearing before the Board of Health and Safety Compliance and
						Appeals.
Affected employees are entitled to participate as parties
						under the terms and conditions established by the Board of Health and Safety
						Compliance and Appeals in its rules of procedure. Notice of intent to
						participate should be sent to the Board of Health and Safety Compliance and
						Appeals, Secondary Complex, 7150 Harris Drive, Box 30015, Lansing, Michigan
						48909.
All documents filed relative to this matter and a copy of
						the board rules, may be inspected at (place reasonably convenient to employees,
						preferably at or near work place)."
(2) Where appropriate, the second sentence of
					 the above notice shall be deleted and the following sentence shall be
					 substituted: "The reasonableness of the period prescribed by the (department of
					 consumer and industry services or department of public health) for the
					 abatement of the violation has been contested and will be the subject of a
					 hearing before the Board of Health and Safety Compliance and
					 Appeals."
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21416 - Responsibility of employee to notify employer and other employees of proceedings

Current through Vol. 24-12, July 15, 2024
Rule 416. Where an employee petition relating to the
						reasonableness of the abatement period is filed by an employee or an authorized
						employee representative, a copy of the employee petition shall be provided to
						the employer by the department for posting at or near the place where the
						citation is required to be posted.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21417 - Parties and representatives

Current through Vol. 24-12, July 15, 2024
Rule 417.
(1)
					 Employees may elect to participate as parties at any time before the
					 commencement of a hearing, unless, for good cause shown, the board allows an
					 election at a later time.
(2) Where
					 an employee appeal is filed with respect to the reasonableness of a period of
					 abatement of a violation, the employer charged with the responsibility of
					 abating the violation may elect party status at any time before the
					 commencement of the hearing, unless, for good cause shown, the board allows an
					 election at a later time.
(3) An
					 authorized employee representative who files an appeal shall be responsible for
					 serving a copy of the appeal with an authorized employee representative whose
					 members are affected.
(4) The
					 department shall be a party to all proceedings before the board.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21418 - Representative of parties

Current through Vol. 24-12, July 15, 2024
Rule 418.
(1) A
					 party may appear in person or by a representative.
(2) Nothing contained herein shall be
					 construed to require a representative to be an attorney-at-law.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › DOCUMENTS › Section R. 408.21421 - Form of documents

Current through Vol. 24-12, July 15, 2024
Rule 421.
(1)
					 There are no specific requirements relative to the form of documents.
(2) A document shall contain:
(a) A caption sufficient to identify the
					 parties.
(b) The board's docket
					 number, if assigned.
(c) A clear,
					 plain statement of the relief sought, together with the grounds
					 therefor.
(d) A signature by the
					 party involved or by his representative.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › DOCUMENTS › Section R. 408.21422 - Notice of hearing

Current through Vol. 24-12, July 15, 2024
Rule 422.
(1)
					 The board shall, immediately upon receiving a notice of hearing from the
					 department, send the notice of hearing to all parties.
The employer shall post a copy of the notice of hearing
						at the place where the notice of appeal was required to be posted, and serve by
						prepaid postage first class mail, or by personal delivery, a copy of the notice
						on an authorized employee representative. Notice of hearing shall remain posted
						until the conclusion of the hearing.
(2) The notice of hearing, which has been
					 prepared by the department, shall have endorsed thereon prior to the mailing to
					 the parties, a date of hearing.
(3)
					 The notice of hearing shall comply with the requirements of section 71 of Act
					 No. 306 of the Public Acts of 1969, as amended, being S24.271 of the Michigan
					 Compiled Laws, as follows:
(a) The parties
					 shall be given an opportunity for a hearing without undue delay.
(b) The parties shall be given a reasonable
					 notice of the hearing. The notice shall include:
(i) A statement of the date, hour, place, and
					 nature of the hearing.
Unless otherwise specified in the notice, the hearing
						shall be held at the principal office of the agency.
(ii) A statement of the legal authority and
					 jurisdiction under which the hearing is to be held.
(iii) A reference to the particular sections
					 of the statutes and rules involved.
(iv) A short and plain statement of the
					 matters asserted. If the agency or other party is unable to state the matters
					 in detail at the time the notice is given, the initial notice may state the
					 issues involved.
Thereafter, on application, the agency or other party
						shall furnish a more definite and detailed statement of the
						issues.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › DOCUMENTS › Section R. 408.21423 - Intervention

Current through Vol. 24-12, July 15, 2024
Rule 423.
(1) A
					 petition for leave to intervene may be filed at any stage of a proceeding
					 before commencement of the hearing.
(2) The petition shall set forth the interest
					 of the petitioner in the proceeding and show that the participation of the
					 petitioner shall assist in the determination of the issues in question, and
					 that the intervention shall not unnecessarily delay the proceeding.
(3) The board or the hearings officer may
					 grant a petition for intervention to such an extent and upon such terms as the
					 board or the hearings officer determines.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › DOCUMENTS › Section R. 408.21424 - Statement of position and oral participation

Current through Vol. 24-12, July 15, 2024
Rule 424. At any time prior to the commencement of a
						hearing, a person entitled to appear as a party or an intervenor may file a
						statement of position with respect to any issue to be heard.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › DOCUMENTS › Section R. 408.21426 - Prehearing conference

Current through Vol. 24-12, July 15, 2024
Rule 426.
(1) At
					 any time before a hearing, the board or hearings officer, on its own motion or
					 on motion of a party, may direct the parties to exchange information or to
					 participate in a prehearing conference for the purpose of considering matters
					 which will tend to simplify the issues or expedite the proceedings.
(2) The hearings officer shall issue a
					 prehearing statement which shall include the agreements reached by the parties.
					 This statement shall be served on the parties and shall be a part of the
					 record.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › DOCUMENTS › Section R. 408.21427 - Issuance of subpoenas; petitions to revoke or modify subpoenas; right to inspect or copy data

Current through Vol. 24-12, July 15, 2024
Rule 427.
(1)
					 The board shall, on the written application of a party, issue subpoenas
					 requiring the attendance and testimony of witnesses and the production of any
					 evidence, including relevant books, records, correspondence, or documents, in
					 his possession or under his control. An application for a subpoena may be made
					 ex parte. The subpoena shall show on its face the name and address of the party
					 at whose request the subpoena was issued.
(2) Witness fees shall be paid to subpoenaed
					 witnesses by the party who sought the subpoena. Witnesses ordered to appear in
					 a proceeding pending before the board shall be entitled to the same fees as
					 paid for like services in the circuit court.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › DOCUMENTS › Section R. 408.21428 - Failure to appear

Current through Vol. 24-12, July 15, 2024
Rule 428.
(1) If
					 a party fails to appear in a contested case after proper notice, the hearing
					 may proceed in the absence of the party.
(2) The hearings officer, upon request filed
					 within 10 days after the scheduled hearing date and upon a showing of good
					 cause, may excuse the failure to appear. In that event, the hearing shall be
					 rescheduled.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › DOCUMENTS › Section R. 408.21429 - Transcript of testimony

Current through Vol. 24-12, July 15, 2024
Rule 429. A hearing shall be recorded verbatim. A
						transcript of the testimony shall be prepared upon request of a party or the
						board. A transcript shall be duly certified by the reporter. Parties requesting
						a transcript shall pay for the transcript.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › HEARINGS › Section R. 408.21431 - Duties and powers of hearings officer

Current through Vol. 24-12, July 15, 2024
Rule 431.
(1)
					 The hearings officer shall conduct a fair and impartial hearing, assure that
					 the facts are fully elicited, adjudicate all issues, and avoid delay.
(2) The hearings officer shall have
					 authority, with respect to cases assigned to him between the time he is
					 designated and the time he issues his report and subject to the rules of the
					 board and the provisions of chapter 4 of Act No. 306 of the Public Acts of
					 1969, being S24.271 et seq. of the Michigan Compiled Laws, to do the following:
(a) Administer oaths and
					 affirmations.
(b) Sign and issue
					 subpoenas in the name of the agency and require the attendance and giving of
					 testimony by witnesses and the production of books, papers, and other
					 documentary evidence.
(c) Provide
					 for the taking of testimony by deposition.
(d) Regulate the course of the hearings, set
					 the time and place for continued hearings, and fix the time for filing of
					 briefs and other documents.
(e)
					 Direct the parties to appear and confer to consider simplification of the
					 issues by consent of the parties.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › HEARINGS › Section R. 408.21432 - Report of hearings officer

Current through Vol. 24-12, July 15, 2024
Rule 432.
(1)
					 The report of the hearings officer shall include findings of fact, conclusions
					 of law, and a determination.
(2)
					 The hearings officer shall sign and date the report. Upon filing of the report
					 with the executive secretary and the parties, jurisdiction shall rest solely in
					 the board. All motions, petitions, and other pleadings filed subsequent to the
					 filing of the report shall be addressed to the executive secretary.
(3) The report of the hearings officer shall
					 become the final order of the board 30 days after filing with the board and
					 parties, unless a board member directs that the report be reviewed and acted
					 upon by the board.
(4) A party may
					 file with the board exceptions, including written arguments, to the report of
					 the hearings officer. Exceptions shall be received by the board within 20 days
					 of the filing of the report.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › HEARINGS › Section R. 408.21433 - Authority of board

Current through Vol. 24-12, July 15, 2024
Rule 433.
(1) In
					 reviewing a report of a hearings officer, the board, by a vote of not less than
					 a majority of its members, may:
(a) Dismiss or
					 modify the citation.
(b) Modify the
					 abatement time of the citation.
(c)
					 Issue a final order sustaining the citation, the abatement time, or the
					 assessed penalty.
(d) Vacate or
					 modify assessed penalties.
(e)
					 Remand the case for the taking of additional evidence or for correction of
					 proceedings.
(f) Direct other
					 appropriate relief.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › HEARINGS › Section R. 408.21434 - Oral argument before the board; briefs; remand by board

Current through Vol. 24-12, July 15, 2024
Rule 434.
(1)
					 Oral argument before the board shall not ordinarily be allowed.
(2) The board, upon request, may permit a
					 party to submit a brief relative to an issue raised in the matter before it.
					 The board may request briefs from the parties.
(3) In the event the board finds that the
					 record is inadequate, the board may order the matter remanded to a hearings
					 officer for a rehearing.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › PETITIONS › Section R. 408.21441 - Petition for modification of abatement period

Current through Vol. 24-12, July 15, 2024
Rule 441.
(1) An
					 employer may file a petition for modification of abatement date when the
					 employer has made a good faith effort to comply with the abatement requirements
					 of a citation, that has become a final order of the board, but the abatement
					 has not been completed because of the factors beyond the employer's reasonable
					 control.
(2) A petition for
					 modification of abatement date shall be in writing and shall include the
					 following information:
(a) Steps taken by the
					 employer, and the dates of those steps in an effort to achieve compliance
					 during the prescribed abatement period.
(b) The specific additional abatement time
					 needed in order to achieve compliance.
(c) The reasons the additional time is
					 necessary, including the unavailability of professional or technical personnel
					 or of materials and equipment, or because necessary construction or alteration
					 of facilities cannot be completed by the original abatement date.
(d) Available interim steps being taken to
					 safeguard the employees against the cited hazard during the abatement
					 period.
(e) A certification that
					 the petition for modification of abatement date has been filed and posted in
					 accordance with subrule (4).
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › MISCELLANEOUS PROVISIONS › Section R. 408.21442 - Settlement

Current through Vol. 24-12, July 15, 2024
Rule 442.
(1)
					 Settlement is encouraged at any stage of the proceedings where the settlement
					 is consistent with the provisions and objectives of the act.
(2) A settlement agreement submitted by the
					 parties shall be accompanied by an appropriate, proposed order.
(3) Where parties to a settlement agree upon
					 a proposal, it shall be served upon the represented and unrepresented affected
					 employees not less than 10 days prior to submission to the board for approval
					 in the same manner as required for serving notices of hearing in
					 R
					 408.21422(1) of these rules. The
					 proposed settlement, when submitted to the board or hearings officer, shall
					 contain a certification indicating the date and the manner in which service of
					 the settlement was made on the represented and unrepresented affected
					 employees.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › MISCELLANEOUS PROVISIONS › Section R. 408.21443 - Ex parte communication

Current through Vol. 24-12, July 15, 2024
Rule 443. There shall not be ex parte communication, with
						respect to the merits of a case not concluded, between the board, including a
						member, officer, employee or agent of the board who is employed in the
						decisional process, and a party.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › MISCELLANEOUS PROVISIONS › Section R. 408.21444 - Restriction as to participation by investigative or prosecuting officers

Current through Vol. 24-12, July 15, 2024
Rule 444. In a proceeding noticed pursuant to the rules,
						the director shall not participate or advise, except as a party to the
						proceeding, with respect to the report of the hearings officer or the board
						decision.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › MISCELLANEOUS PROVISIONS › Section R. 408.21445 - Inspection and reproduction of documents

Current through Vol. 24-12, July 15, 2024
Rule 445.
(1)
					 Subject to the provision of law restricting public disclosures of information,
					 a person may, at the offices of the board, inspect and copy a document filed in
					 a proceeding.
(2) Actual costs of
					 reproduction shall be borne by the person seeking the document.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › MISCELLANEOUS PROVISIONS › Section R. 408.21446 - Restriction with respect to former employee

Current through Vol. 24-12, July 15, 2024
Rule 446.
(1) A
					 former employee of the board or of the director, including a member of the
					 board or the director, shall not appear before the board as an attorney or
					 other representative for a party in a contested case in which that person
					 participated personally and substantially during the period of that person's
					 employment.
(2) A former employee
					 of the board or of the director, including a member of the board or the
					 director, shall not appear before the board as an attorney or other
					 representative for a party in a proceeding or other matter, formal or informal,
					 for which that person was personally responsible during the period of that
					 person's employment, unless 1 year has elapsed since the termination of the
					 employment.
(3) The prohibition
					 against participation as an attorney or other representative as specified in
					 subrules (1) and (2) applies to the attorney general and the assistants of the
					 attorney general who serve the department.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › MISCELLANEOUS PROVISIONS › Section R. 408.21447 - Amendment to rules

Current through Vol. 24-12, July 15, 2024
Rule 447. The board may at any time upon its motion or
						initiative, or upon written suggestion of an interested person setting forth
						reasonable grounds therefor, amend or revoke any of the rules contained herein,
						pursuant to the administrative procedures act, Act No. 306 of the Public Acts
						of 1969, as amended, being S24.201 et seq. of the Michigan Compiled
						Laws.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22101 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1101. These rules provide for recordkeeping and
					 reporting by public and private employers covered under the act as necessary or
					 appropriate for enforcement of the act, for developing information regarding
					 the causes and prevention of occupational injuries and illnesses, and for
					 maintaining a program of collection, compilation, and analysis of occupational
					 safety and health statistics.
					 R
					 408.22103 lists employers who are partially exempted
					 from keeping work-related injury and illness records.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22102 - Intent

Current through Vol. 24-12, July 15, 2024
Rule 1102.
(1)
				  These rules are substantially identical to the federal occupational safety and
				  health act (OSHA) recordkeeping and reporting requirements, as contained in 29
				  C.F.R., § 1904 "Recording and Reporting of Occupational Injuries and
				  Illnesses" amended 2016, as adopted in
				  R
				  408.22102a, to assure that employers maintaining
				  records pursuant to these rules are in compliance with the federal requirements
				  and need not maintain additional records or submit additional reports pursuant
				  to the federal regulations. R 408.21119 of this standard pertains to the use of
				  OSHA forms.
(2) This standard does
				  not supersede the recordkeeping and reporting requirements prescribed by
				  sections 18 and 24 of Public Law 91-596,
				  29 U.S.C. §§
											667 and 673.
(3) If an employer creates records to comply
				  with another government agency's injury and illness recordkeeping requirements,
				  MIOSHA will consider the records as complying with these rules if OSHA or
				  MIOSHA accepts the other agency's records under a memorandum of understanding
				  with that agency, or if the other agency's records contain the same information
				  as these rules requires an employer to record. For help in determining whether
				  an employer's records meet MIOSHA's requirements, an employer may contact the
				  MIOSHA Management Information Systems Section at
www.michigan.gov/recordkeeping
,
				  or telephone 517-284-7788.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22102a - Adopted and referenced standards

Current through Vol. 24-12, July 15, 2024
Rule 1102a.
(1)
				  The following federal standards are adopted by reference in these rules:
(a)
											29
				  CFR 1903.2, "Posting of notice; availability
				  of the Act, regulations and applicable standards," amended July 1,
				  2016.
(b)
											45
				  CFR 164.512, "Uses and disclosures for which
				  an authorization or opportunity to agree or object is not required," amended
				  May 12, 2016.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22103 - Exceptions; applicability; petitions

Current through Vol. 24-12, July 15, 2024
Rule 1103.
(1)
				  Both of the following provisions apply to exemptions based on employee numbers
				  and industry classifications:
(a) If your
				  company had 10 or fewer employees at all times during the last calendar year,
				  you do not need to keep MIOSHA injury and illness records unless MIOSHA, the
				  United States Bureau of Labor Statistics (BLS), or the United States Department
				  of Labor Occupational Safety and Health Administration (OSHA), informs you, in
				  writing, that you must keep records according to
				  R
				  408.22141,
				  R
				  408.22141a,
				  R
				  408.22141b, or
				  R 408.22142. However, as required
				  by
				  R 408.22139, all employers covered
				  by the act shall report to MIOSHA any workplace incident that results in a
				  fatality, inpatient hospitalization, amputation, or loss of an eye.
(b) If your company had more than 10
				  employees at any time during the last calendar year, you must keep MIOSHA
				  injury and illness records unless your establishment is classified as a
				  partially exempt industry under this rule.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22104 - Definitions; A to D

Current through Vol. 24-12, July 15, 2024
Rule 1104.
(1)
				  "Act" means the Michigan occupational safety and health act (MIOSHA), 1974 PA
				  154, MCL 408.1001 to 408.1094.
(2)
				  "Affected employee" means an employee who is affected by the granting or denial
				  of an exception, or an authorized representative as defined by the
				  act.
(3) "Amputation" means the
				  traumatic loss of a limb or other external body part. Amputation includes all
				  of the following:
(a) A part, such as a limb
				  or appendage, that has been severed, cut off, or amputated, either completely
				  or partially.
(b) Fingertip
				  amputations with or without bone loss.
(c) Medical amputations resulting from
				  irreparable damage.
(d) Amputations
				  of body parts that have since been reattached. Amputations do not include
				  avulsions, enucleations, deglovings, scalpings, severed ears, or broken or
				  chipped teeth.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22105 - Definitions; E, F

Current through Vol. 24-12, July 15, 2024
Rule 1105.
(1)
				  "Employer" means an individual or organization, including the state or a
				  political subdivision, which employs 1 or more person.
(2) "Establishment" means a single physical
				  location where business is conducted or where services or industrial operations
				  are performed. For activities where employees do not work at a single physical
				  location, such as construction; transportation;
communications; electric, gas, and sanitary services; and
					 similar operations, the establishment is represented by main or branch offices,
					 terminals, stations, and the like that either supervise the activities or are
					 the base from which personnel carry out the activities. The following are
					 examples of an establishment:
(a)
				  Factory.
(b) Mill.
(c) Store.
(d) Hotel.
(e) Restaurant.
(f) Movie theater.
(g) Farm.
(h) Ranch.
(i) Bank.
(j) Sales office.
(k) Warehouse.
(l) Central administrative office.
(m) Single school within a school
				  district.
(n) City garage within
				  the department of public works.
(o) Branch office of the department of
				  state.
(p) Police station within
				  the police department of a city.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22106 - Definitions; H to M

Current through Vol. 24-12, July 15, 2024
Rule 1106.
(1)
				  "Hospitalization" means the inpatient admission to a hospital for treatment,
				  observation, or any other reason.
(2) "Inpatient hospitalization" means the
				  formal admission to the inpatient service of a hospital or clinic for care or
				  treatment.
(3) "Medical treatment"
				  means the management and care of a patient to combat disease or disorder. For
				  the purposes of these rules, "medical treatment" does not include any of the
				  following:
(a) Visits to a physician or other
				  licensed health care professional solely for observation or
				  counseling.
(b) The conduct of
				  diagnostic procedures, such as x-rays and blood tests, including the
				  administration of prescription medications used solely for diagnostic purposes,
				  for example, eye drops to dilate pupils.
(c) "First-aid" as defined in
				  R
				  408.22105(3).
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22107 - Definitions; O to Y

Current through Vol. 24-12, July 15, 2024
Rule 1107.
(1)
				  "Occupational injury or illness" means an abnormal condition or disorder.
				  Occupational injury is a result of a work accident or from an exposure
				  involving a single incident in the work environment and includes, but is not
				  limited to, a cut, fracture, sprain, or amputation. Occupational illnesses
				  include both acute and chronic illnesses, including, but not limited to, a skin
				  disease, respiratory disorder, or poisoning. Injuries and illnesses are
				  recordable only if they are new, work-related cases that meet 1 or more of the
				  recording criteria of these rules.
(2) "Other potentially infectious material"
				  means other potentially infectious material as defined in General Industry
				  Safety and Health Standard Part 554. "Bloodborne Infectious Diseases," as
				  referenced in
				  R
				  408.22102a. These materials include the following:
(a) Human bodily fluids, tissues, and
				  organs.
(b) Other materials
				  infected with the HIV or hepatitis B (HBV) virus, such as laboratory cultures
				  or tissues from experimental animals.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22109 - Recording criteria

Current through Vol. 24-12, July 15, 2024
Rule 1109.
(1)
				  Each employer required to keep records of fatalities, injuries, and illnesses
				  must record each fatality, injury, and illness that involves all of the
				  following:
(a) Is work-related.
(b) Is a new case.
(c) Meets 1 or more of the general recording
				  criteria of R 408.22112 to R 408.22112f or the application to specific cases of
				  R 408.22113 to R 408.22119.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22110 - Basic requirement

Current through Vol. 24-12, July 15, 2024
Rule 1110. You must consider an injury or illness to be
					 work-related if an event or exposure in the work environment either caused or
					 contributed to the resulting condition or significantly aggravated a
					 preexisting injury or illness. Work-relatedness is presumed for injuries and
					 illnesses resulting from events or exposures occurring in the work environment,
					 unless an exception in
					 R
					 408.22110a(5) specifically
					 applies.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22110a - Implementation

Current through Vol. 24-12, July 15, 2024
Rule 1110a.
(1)
				  What is the "work environment"? MIOSHA defines the work environment as "the
				  establishment and other locations where 1 or more employees are working or are
				  present as a condition of their employment. The work environment includes not
				  only physical locations, but also the equipment or materials used by the
				  employee during the course of his or her work."
(2) May 1 business location include 2 or more
				  establishments? Normally, 1 business location has only 1 establishment. Under
				  limited conditions, an employer may consider 2 or more separate businesses that
				  share a single location to be separate establishments. An employer may divide 1
				  location into 2 or more establishments only when all of the following
				  provisions apply:
(a) Each of the
				  establishments represents a distinctly separate business.
(b) Each business is engaged in a different
				  economic activity.
(c) A single
				  industry description in the North American Industry Classification System
				  Manual (NAICS) does not apply to the joint activities of the
				  establishments
(d) Separate reports
				  are routinely prepared for each establishment on the number of employees, their
				  wages and salaries, sales or receipts, and other business information. For
				  example, if an employer operates a construction company at the same location as
				  a lumber yard, the employer may consider each business to be a separate
				  establishment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22110b - How to handle unusual cases

Current through Vol. 24-12, July 15, 2024
Rule 1110b.
(1)
				  How do I handle a case if it is not obvious whether the precipitating event or
				  exposure occurred in the work environment or occurred away from work? In these
				  situations, you must evaluate the employee's work duties and environment to
				  decide whether or not 1 or more events or exposures in the work environment
				  either caused or contributed to the resulting condition or significantly
				  aggravated a preexisting condition.
(2) How do I know if an event or exposure in
				  the work environment "significantly aggravated" a preexisting injury or
				  illness? A preexisting injury or illness has been significantly aggravated, for
				  purposes of MIOSHA injury and illness recordkeeping, when an event or exposure
				  in the work environment results in any of the following:
(a) Death, if the preexisting injury or
				  illness would likely not have resulted in death but for the occupational event
				  or exposure.
(b) Loss of
				  consciousness, provided that the preexisting injury or illness would likely not
				  have resulted in loss of consciousness but for the occupational event or
				  exposure.
(c) One or more days away
				  from work, or days of restricted work, or days of job transfer that otherwise
				  would not have occurred but for the occupational event or exposure.
(d) Medical treatment in a case where medical
				  treatment was not needed for the injury or illness before the workplace event
				  or exposure, or a change in medical treatment was necessitated by the workplace
				  event or exposure.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › Section R. 408.22111 - Determination of new cases

Current through Vol. 24-12, July 15, 2024
Rule 1111.
(1)
				  Basic requirement. You must consider an injury or illness to be a "new case" if
				  either of the following applies:
(a) The
				  employee has not previously experienced a recorded injury or illness of the
				  same type that affects the same part of the body.
(b) The employee previously experienced a
				  recorded injury or illness of the same type that affected the same part of the
				  body but had recovered completely (all signs and symptoms had disappeared) from
				  the previous injury or illness and an event or exposure in the work environment
				  caused the signs or symptoms to reappear.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › GENERAL RECORDING CRITERIA › Section R. 408.22112 - Basic requirement

Current through Vol. 24-12, July 15, 2024
Rule 1112.
(1)
					 You must consider an injury or illness to meet the general recording criteria,
					 and therefore to be recordable, if the injury or illness
					  results in any of the following:
(a) Death.
(b) Days away from work.
(c) Restricted work or transfer to another
					 job.
(d) Medical treatment beyond
					 first-aid.
(e) Loss of
					 consciousness.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › GENERAL RECORDING CRITERIA › Section R. 408.22112a - Implementation

Current through Vol. 24-12, July 15, 2024
Rule 1112a.
(1)
					 How do I decide if a case meets 1 or more of the general recording criteria? A
					 work-related injury or illness must be recorded if it results in 1 or more of
					 the following:
(a) Death. See subrule (2) of
					 this rule.
(b) Days away from work.
					 See
					 R 408.22112b.
(c) Restricted work or transfer to another
					 job. See
					 R 408.22112c.
(d) Medical treatment beyond first-aid. See
					 R 408.22112d.
(e) Loss of consciousness. See
					 R 408.22112e.
(f) A significant injury or illness diagnosed
					 by a physician or other licensed health care professional. See
					 R 408.22112f.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › GENERAL RECORDING CRITERIA › Section R. 408.22112c - Record work-related injury or illness that results in restricted work or job transfer

Current through Vol. 24-12, July 15, 2024
Rule 1112c.
(1)
					 How do I record a work-related injury or illness that results in restricted
					 work or job transfer? When an injury or illness involves restricted work or job
					 transfer but does not involve death or days away from work, you must record the
					 injury or illness on the MIOSHA 300 Log by placing a check mark in the space
					 for job transfer or restriction and an entry of the number of restricted or
					 transferred days in the restricted workdays column.
(2) How do I decide if the injury or illness
					 resulted in restricted work? Restricted work occurs when, as the result of a
					 work-related injury or illness, either of the following occurs:
(a) You keep the employee from performing 1
					 or more of the routine functions of his or her job, or from working the full
					 workday that he or she would otherwise have been scheduled to work.
(b) A physician or other licensed health care
					 professional recommends that the employee not perform 1 or more of the routine
					 functions of his or her job, or not work the full workday that he or she would
					 otherwise have been scheduled to work.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › GENERAL RECORDING CRITERIA › Section R. 408.22112d - Recording injury or illness that involves medical treatment beyond first-aid

Current through Vol. 24-12, July 15, 2024
Rule 1112d.
(1)
					 How do I record an injury or illness that involves medical treatment beyond
					 first-aid? If a work-related injury or illness results in medical treatment
					 beyond first-aid, you must record it on the MIOSHA 300 Log. If the injury or
					 illness did not involve death, 1 or more days away from work, 1 or more days of
					 restricted work, or 1 or more days of job transfer, you enter a check mark in
					 the box for cases where the employee received medical treatment but remained at
					 work and was not transferred or restricted.
(2) What is the definition of medical
					 treatment? "Medical treatment" means the management and care of a patient to
					 combat disease or disorder. For the purposes of these rules, medical treatment
					 does not include any of the following:
(a)
					 Visits to a physician or other licensed health care professional solely for
					 observation or counseling.
(b) The
					 conduct of diagnostic procedures, such as X-rays and blood tests, including the
					 administration of prescription medications used solely for diagnostic purposes,
					 such as eye drops to dilate pupils.
(c) "First-aid" as defined in subrule (3) of
					 this rule.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › GENERAL RECORDING CRITERIA › Section R. 408.22112e - Record of work-related injury or illness case involving loss of consciousness recordable

Current through Vol. 24-12, July 15, 2024
Rule 1112e. Is every work-related injury or illness case
						involving a loss of consciousness recordable? Yes. You must record a
						work-related injury or illness if the worker becomes unconscious, regardless of
						the length of time the employee remains unconscious.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › GENERAL RECORDING CRITERIA › Section R. 408.22112f - "Significant" diagnosed injury or illness that is recordable

Current through Vol. 24-12, July 15, 2024
Rule 1112f. What is a "significant" diagnosed injury or
						illness that is recordable under the general criteria, even if it does not
						result in death, days away from work, restricted work or job transfer, medical
						treatment beyond first-aid, or loss of consciousness? Work-related cases
						involving cancer, a chronic irreversible disease, a fractured or cracked bone,
						or a punctured eardrum must always be recorded under the general criteria at
						the time of diagnosis by a physician or other licensed health care
						professional.
Note: Most significant injuries and illnesses will result
						in 1 of the criteria listed in
						R
						408.22112, such as death, days away from work,
						restricted work or job transfer, medical treatment beyond first-aid, or loss of
						consciousness. However, there are some significant injuries, such as a
						punctured eardrum or a fractured toe or rib, for which neither medical
						treatment nor work restrictions may be recommended. In addition, there are
						certain significant progressive diseases, such as byssinosis, silicosis, and
						certain types of cancer, for which medical treatment or work restrictions may
						not be recommended at the time of diagnosis but are likely to be recommended as
						the disease progresses. Cancer, chronic irreversible diseases, fractured or
						cracked bones, and punctured eardrums are generally considered significant
						injuries and illnesses, and must be recorded at the initial diagnosis even if
						medical treatment or work restrictions are not recommended, or are postponed,
						in a particular case.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › GENERAL RECORDING CRITERIA › Section R. 408.22113 - Recording criteria for needlestick and sharps injuries

Current through Vol. 24-12, July 15, 2024
Rule 1113.
(1)
					 You must record all work-related needlestick injuries and cuts from sharp
					 objects that are contaminated with another persons blood or other potentially
					 infectious material, as defined in Occupational Health Standard Part 554
					 "Bloodborne Infectious Diseases," as referenced in
					 R
					 408.22102a. You must enter the case on the MIOSHA 300
					 Log as an injury. To protect the employees privacy, you may not enter the
					 employees name on the MIOSHA 300 Log (see the requirements for privacy cases in
					 R 408.22129(7) to
					 (10).
(2) What does "other potentially infectious
					 material" mean? The term "other potentially infectious material" is defined in
					 R
					 408.22107(2). These materials include
					 the following:
(a) Human bodily fluids,
					 tissues, and organs.
(b) Other
					 materials infected with the HIV or hepatitis B (HBV) virus, such as laboratory
					 cultures or tissues from experimental animals.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › GENERAL RECORDING CRITERIA › Section R. 408.22114 - Recording criteria for cases involving medical removal under MIOSHA standards

Current through Vol. 24-12, July 15, 2024
Rule 1114.
(1)
					 Basic requirement. If an employee is medically removed under the medical
					 surveillance requirements of an MIOSHA standard, you must record the case on
					 the MIOSHA 300 Log.
(2) All of the
					 following apply to implementation of subrule (1) of this rule:
(a) How do I classify medical removal cases
					 on the MIOSHA 300 Log? You must enter each medical removal case on the MIOSHA
					 300 Log as either a case involving days away from work or a case involving
					 restricted work activity, depending on how you decide to comply with the
					 medical removal requirement. If the medical removal is the result of a chemical
					 exposure, you must enter the case on the MIOSHA 300 Log by checking the
					 "poisoning" column.
(b) Do all of
					 MIOSHA's standards have medical removal provisions? No, some MIOSHA standards,
					 such as the standards covering bloodborne pathogens and noise, do not have
					 medical removal provisions. Many MIOSHA standards that cover specific chemical
					 substances have medical removal provisions. These standards include, but are
					 not limited to, lead, cadmium, methylene chloride, formaldehyde, and
					 benzene.
(c) Am I required to
					 record a case where I voluntarily removed the employee from exposure before the
					 medical removal criteria in a MIOSHA standard are met? No, if the case involves
					 voluntary medical removal before the medical removal levels required by a
					 MIOSHA standard, you do not need to record the case on the MIOSHA 300
					 Log.