reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22234 - Pre-hearing conference

Current through Vol. 24-12, July 15, 2024
Rule 1234.
(1)
					 Upon his or her own motion or the motion of a party, the hearing officer may
					 request the parties or the parties' counsel to meet with the hearing officer
					 for a conference to consider all of the following.
(a) Simplification of the issues.
(b) Necessity or desirability of amendments
					 to documents for purposes of clarification, simplification, or
					 limitation.
(c) Stipulations,
					 admissions of fact, and contents and authenticity of documents.
(d) Limitation of the number of parties and
					 of expert witnesses.
(e) Other
					 matters as may tend to expedite the disposition of the proceeding, and to
					 assure a just conclusion to the proceeding.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22235 - Consent findings and orders

Current through Vol. 24-12, July 15, 2024
Rule 1235.
(1)
					 At any time before the hearing or before the reception of evidence in a
					 hearing, or during a hearing, a reasonable opportunity may be afforded to
					 permit negotiation by the parties of an agreement containing consent findings
					 and an order disposing of the whole or a part of the proceeding. The allowance
					 of this opportunity and the duration thereof shall be in the discretion of the
					 hearing officer, after considering the nature of the proceeding, the
					 representations of the parties, and the probability of an agreement which would
					 result in a just disposition of the issues involved.
(2) An agreement containing consent findings
					 and an order disposing of a proceeding shall also provide the following.
(a) That the consent finding and order shall
					 have the same force and effect as if made after a full hearing.
(b) That the record on which an order may be
					 based shall consist solely of the application and the agreement.
(c) A waiver of any further procedural steps
					 before the hearing officer and the director.
(d) A waiver of any right to challenge or
					 contest the validity of the consent findings and order made in accordance with
					 the agreement.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22236 - Depositions

Current through Vol. 24-12, July 15, 2024
Rule 1236.
(1)
					 For reasons of unavailability or for other good cause shown, the testimony of
					 any witness may be taken by deposition.
Depositions shall be taken before a person designated by
						the hearing officer having the power to administer oaths.
(2) A party desiring to take the deposition
					 of a witness shall make application in writing to the hearing officer, setting
					 forth the following.
(a) The reasons why the
					 deposition should be taken.
(b) The
					 time and date when, the place where, and the name and post office address of
					 the person before whom the deposition is to be taken.
(c) The name and address of the
					 witness.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22237 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 1237.
(1)
					 Except as may be ordered otherwise by the hearing officer, the party applicant
					 for relief shall proceed first at a hearing.
(2) The party applicant shall have the burden
					 of proof.
(3) A party shall be
					 entitled to present his case or defense by oral and documentary evidence, to
					 submit rebuttal evidence, and to conduct such cross-examination as may be
					 required for a full disclosure of the facts.
Any oral and documentary evidence of a type commonly
						relied upon by reasonably prudent persons in the conduct of their affairs may
						be received, but a hearing officer may exclude evidence which is irrelevant,
						immaterial, or unduly repetitious.
(4) The testimony of a witness shall be upon
					 oath or affirmation administered by the hearing officer.
(5) If a party objects to the admission or
					 rejection of any evidence or to the limitation of the scope of an examination
					 or cross-examination or to the failure to limit the scope, he shall state
					 briefly the grounds for the objection. Rulings on objections shall appear in
					 the record.
(6) A formal exception
					 to an adverse ruling is not required.
(7) Official notice may be taken of any
					 material fact not appearing in evidence in the record, which is among the
					 traditional matters of judicial notice or concerning which the departments by
					 reason of their functions are presumed to be expert, if the parties are given
					 adequate notice, at the hearing or by reference in the hearing officer's
					 proposed decision, of the matters so noticed, and, upon timely request, are
					 given adequate opportunity to show the contrary before the final
					 decision.
(8) Hearings shall be
					 recorded, but need not be transcribed, unless requested by a party. The party
					 requesting the transcript shall pay for the transcription. Copies of the
					 transcript may be obtained by the parties upon written application filed with a
					 department and upon the payment of fees at the rate provided on notice by the
					 department.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22238 - Proposed decision of the hearing officer; service; contents; exception; inoperative while on referral; filing proposed order

Current through Vol. 24-12, July 15, 2024
Rule 1238.
(1)
					 Within 10 days of the conclusion of a hearing or within 5 days of the receipt
					 of the transcript, if any, or such additional time as allowed by the hearing
					 officer, each party may file with the hearing officer a proposed order,
					 including proposed findings of fact and conclusions of law, with such
					 supporting argument and reasoning as are necessary to support the proposed
					 order.
(2) Within 20 days of the
					 conclusion of a hearing or within 15 days of the receipt of the transcript, if
					 any, the hearing officer shall serve upon parties by certified mail or personal
					 service a proposed decision which shall include the following.
(a) A statement of the reasons for the
					 proposed decision.
(b) Issues of
					 fact and law necessary for the proposed decision.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22239 - Transmission of record

Current through Vol. 24-12, July 15, 2024
Rule 1239.
(1)
					 If exceptions and objections thereto are filed, the hearing officer shall
					 transmit the record of the proceeding to the director.
(2) The record shall include the following.
(a) Notices, pleadings, motions, and
					 intermediate rulings.
(b) Questions
					 and offers of proof, objections, and rulings thereon.
(c) Evidence presented.
(d) Matters officially noticed, except
					 matters so obvious that a statement of them would not serve a useful
					 purpose.
(e) Proposed findings of
					 fact and conclusions of law and exceptions and objection thereto.
(f) Any proposed decision, opinion, order, or
					 report by the hearing officer.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22240 - Decision of director

Current through Vol. 24-12, July 15, 2024
Rule 1240.
(1)
					 Upon receipt of the record transmitted under these rules, the director shall,
					 within a reasonable time, render his or her decision.
(2) The decision may affirm, modify, or set
					 aside, in whole or in part, the findings, conclusions, and the rule or order
					 contained in the proposed decision of the hearing officer, and shall include a
					 statement of reasons which shall provide for each conclusion of law, supporting
					 authority, or reasoned opinion.
(3)
					 The director shall serve or cause to be served, a copy of his or her decision
					 upon all parties and the hearing officer.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › JUDICIAL REVIEW › Section R. 408.22251 - Request for rehearing or reconsideration

Current through Vol. 24-12, July 15, 2024
Rule 1251.
(1)
					 An aggrieved party may file a petition for rehearing or reconsideration with
					 the director within 60 days of the mailing of the notice of the director's
					 decision. The request shall be in writing and include specific reasons in
					 support of the request.
(2) Upon
					 receipt of a petition for a rehearing, the director shall, within 10 days,
					 grant or deny the request and provide notice of the decision to the
					 parties.
(3) If the request for
					 reconsideration or rehearing is denied, notice of the denial, along with the
					 director's decision on the variance application, shall be deemed to be final
					 department action for purposes of judicial review.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22301 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 1301. The purpose of this part is to prescribe rules
					 and set forth general policies for enforcement of the inspection and
					 investigation, citation, and proposed penalty provisions of the act. In
					 situations where this part sets forth general enforcement policies, rather than
					 substantive or procedural rules, such policies may be modified in specific
					 circumstances where the department director or his designee determines that an
					 alternative course of action would better serve the objectives of the
					 act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22303 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1303.
(1) The
				  act requires that every employer covered under the act furnish to his employees
				  employment and a place of employment which are free from recognized hazards
				  that are causing, or are likely to cause, death or serious physical harm to his
				  employees. The act also requires that employers comply with occupational safety
				  and health standards promulgated under the act, and that employees comply with
				  standards, rules, regulations, and orders issued under the act which are
				  applicable to their own actions and conduct.
(2) The act authorizes the departments of
				  consumer and industry services and public health to conduct inspections and
				  investigations and to conduct tests and gather samples of materials and
				  substances as are necessary to aid in the evaluation of the place of
				  employment, and to issue citations and proposed penalties for alleged
				  violations, and to question employers and employees in connection with research
				  and other related activities.
(3)
				  The act contains provisions for adjudication of violations, periods prescribed
				  for the abatement of violations, and proposed penalties if appealed by an
				  employer or by an employee or authorized representative of employees.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22305 - Definitions; A to C

Current through Vol. 24-12, July 15, 2024
Rule 1305.
(1)
				  "Act" means the Michigan occupational safety and health act, Act No. 154 of the
				  Public Acts of 1974, as amended, being S408.1001 et seq. of the Michigan
				  Compiled Laws.
(2) "Authorized
				  employee representative" or "representative of employee" means a person
				  designated by a labor organization certified by the national labor relations
				  board or employment relations commission as defined in section 2(c) of Act No.
				  176 of the Public Acts of 1938, being S423.2 of the Michigan Compiled Laws, as
				  the bargaining representative for the affected employees. In the absence of
				  certification, it shall be a person designated by the organization having a
				  collective bargaining relationship with the employer and designated as having a
				  collective bargaining relationship with the employer by the affected employees.
				  If a labor organization is not certified or if no organization has a collective
				  bargaining relationship with the employer, "authorized employee representative"
				  or "representative of employee" means a person designated by the affected
				  employees to represent them for the purpose of proceedings under this
				  act.
(3) "Board" means the board of
				  health and safety compliance and appeals created in section 46 of the
				  act.
(4) "Citation" means a written
				  communication issued by the department to an employer pursuant to section 33 of
				  the act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22307 - Definitions; D,E

Current through Vol. 24-12, July 15, 2024
Rule 1307.
(1)
				  "Department" means the Michigan department of consumer and industry services or
				  the Michigan department of public health.
(2) "Director" means the director of the
				  Michigan department of consumer and industry services or the director of the
				  Michigan department of public health.
(3) "Employee" means a person permitted to
				  work by an employer.
(4) "Employer"
				  means an individual or organization, including the state or a political
				  subdivision, which employs 1 or more persons.
(5) "Establishment" means a single physical
				  location where business is conducted or where services or operations are
				  performed; for example, a factory, mill, store, hotel, restaurant, movie
				  theater, farm, ranch, bank, sales office, warehouse, central administrative
				  office, a single school within a school district, a city garage within the
				  department of public works, a branch office of the department of state, or a
				  police station within the police department of a city. Where distinctly
				  separate activities are performed at a single physical location, such as
				  contract construction activities operated from the same physical location as a
				  lumberyard, each activity shall be treated as a separate
				  establishment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22309 - Definitions; I to W

Current through Vol. 24-12, July 15, 2024
Rule 1309.
(1)
				  "Imminent danger" means a condition or practice in a place of employment which
				  is such that a danger exists which 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.
(2) "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 the act, rules, or standards promulgated, or orders issued,
				  pursuant to the act.
(3)
				  "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.
(4) "Trade secret" means a confidential
				  process, formula, pattern, device, or compilation of information which is used
				  in the employer's business and which gives the employer an opportunity to
				  obtain an advantage over competitors who do not know or use it.
(5) "Working day" means any day other than a
				  Saturday, Sunday, or state legal holiday. (In computing 15 working days, the
				  day of receipt of any notice shall not be included, and the last day of the 15
				  working days shall be included.)
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22311 - Posting of notice; availability of the act, rules, and applicable standards

Current through Vol. 24-12, July 15, 2024
Rule 1311.
(1)
				  Each employer shall post a notice to be furnished by the department, informing
				  employees of the protections and obligations provided for in the act, and
				  informing them that, for assistance and information, including copies of the
				  act and of specific safety and health standards, employees may contact the
				  department. The notice shall be posted by the employer in each establishment in
				  a conspicuous place where notices to employees are customarily posted. Each
				  employer shall take steps to insure that the notice is readable and is not
				  altered or defaced.
(2) A separate
				  notice shall be posted in each establishment. Where employers are engaged in
				  activities which are physically dispersed (such as agriculture, construction,
				  transportation, communications, and electric, gas, and sanitary services) the
				  notice required by this rule shall be posted at the location to which employees
				  report each day. Where employees do not usually work at, or report to, a single
				  establishment (such as traveling salesmen, technicians, engineers, etc.), such
				  notice shall be posted at the location from which the employees operate to
				  carry out their activities. In all cases, the notice shall be posted pursuant
				  to subrule (1) of this rule.
(3)
				  Copies of the act, all procedural rules promulgated pursuant to the act, and
				  all applicable standards shall be available from the department.
If an employer has obtained copies of these materials, he
					 shall make them available upon request to an employee or his authorized
					 representative for review in the establishment where the employee is employed
					 at the earliest time mutually convenient to the employee or his authorized
					 representative and the employer.
(4) An employer failing to comply with the
				  provisions of this rule shall be subject to citation and penalty pursuant to
				  section 35 of the act.
(5)
				  Reproductions or facsimiles of the state poster shall constitute compliance
				  with the posting requirements of this rule where the reproductions or
				  facsimiles are at least 8-1/2 inches by 14 inches and the printing size is at
				  least 10 point. The caption or heading on the poster shall be in large type,
				  not less than 36 point.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22321 - Authority for inspection or investigation

Current through Vol. 24-12, July 15, 2024
Rule 1321.
(1) The
				  department representatives, upon presenting appropriate credentials, may enter,
				  without delay and at reasonable times, any factory, plant, establishment,
				  construction site, or other area, workplace, or environment where work is
				  performed by an employee of an employer to inspect and investigate, during
				  regular working hours and at other reasonable times and within reasonable
				  limits and in a reasonable manner, any such place of employment, and all
				  pertinent conditions, structures, machines, apparatus, devices, equipment, and
				  materials therein; to question privately any employer, owner, operator, agent,
				  or employee; and to review records required by the act and rules promulgated
				  pursuant to the act, and other records which are directly related to the
				  purpose of the inspection or investigation.
(2) Prior to inspecting areas containing
				  information which is classified by an agency of the federal government in the
				  interest of national security, departmental representatives shall obtain the
				  appropriate security clearance.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22322 - Objection to inspection or investigation

Current through Vol. 24-12, July 15, 2024
Rule 1322.
(1)
				  Upon a refusal to permit a department representative, in the exercise of his
				  official duties, to enter, without delay and at reasonable times, any place of
				  employment or any place therein to inspect, to investigate, to review records,
				  or to question any employer, owner, operator, agent, or employee pursuant to
				  R 408.22321, or to permit a
				  representative of employees to accompany the department representative during
				  the physical inspection or investigation of any workplace pursuant to
				  R 408.22326, the department
				  representative shall terminate the inspection or investigation or confine the
				  inspection or investigation to other areas, conditions, structures, machines,
				  apparatus, devices, equipment, materials, records, or interviews concerning
				  which no objection is raised.
(2)
				  The department representative shall endeavor to ascertain the reason for such
				  refusal, and he shall immediately report the refusal, and the reason therefor,
				  to the department director or authorized representative.
The department director or authorized representative shall
					 take appropriate action and, if necessary, apply to the proper judicial officer
					 for a warrant commanding the sheriff or a peace officer to aid the department
					 in the conduct of an inspection or investigation as provided in section 29 of
					 the act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22323 - Entry not a waiver

Current through Vol. 24-12, July 15, 2024
Rule 1323. Permission to enter, inspect, investigate,
					 review records, or question a person shall not imply or be conditioned upon a
					 waiver of any cause of action, citation, or penalty under the act. Department
					 representatives are not authorized to grant any such waiver.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22324 - Advance notice of inspection or investigation

Current through Vol. 24-12, July 15, 2024
Rule 1324.
(1)
				  Advance notice of inspections or investigations shall not be given except in
				  the following situations.
(a) In cases of
				  apparent imminent danger, to enable the employer to abate the danger as quickly
				  as possible.
(b) In circumstances
				  where the inspection or investigation can most effectively be conducted after
				  regular business hours, or where special preparations are necessary for an
				  inspection or investigation.
(c)
				  Where necessary to assure the presence of representatives of the employer and
				  employees or the appropriate personnel needed to aid in the inspection or
				  investigation.
(d) In other
				  circumstances where the department director or his designee determines that the
				  giving of advance notice would enhance the probability of an effective and
				  thorough inspection or investigation.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22325 - Conduct of inspections or investigations

Current through Vol. 24-12, July 15, 2024
Rule 1325.
(1)
				  Subject to the provisions of
				  R 408.22321, inspections and
				  investigations shall take place at such times and in such places of employment
				  as the department director or his designee may direct. At the beginning of an
				  inspection or investigation, the department representatives shall present their
				  credentials to the owner, operator, or an agent in charge at the establishment;
				  explain the nature and purpose of the inspection or investigation; and indicate
				  generally the scope of the inspection or investigation and the records
				  specified in
				  R 408.22321 which they wish to
				  review. However, such designation of records shall not preclude access to
				  additional records specified in
				  R 408.22321.
(2) Department representatives may take air,
				  environmental, and material samples; take or obtain photographs related to the
				  purpose of the inspection or investigation; employ other reasonable
				  investigative techniques; and question privately any employer, owner, operator,
				  agent, or employee of an establishment (See
				  R
				  408.22331 on trade secrets).
(3) In taking photographs and samples, the
				  department representatives shall take reasonable precautions to insure that
				  such actions with flash, spark-producing, or other equipment are not hazardous.
				  Department representatives shall comply with all employer safety and health
				  rules and practices at the establishment being inspected, and they shall wear
				  and use appropriate protective clothing and equipment.
(4) The conduct of inspections or
				  investigations shall be such as to preclude unreasonable disruption of the
				  operations of the employer's establishment.
(5) Following the completion of an inspection
				  or investigation by the department representative, an opportunity for a
				  conference shall be afforded the employer or his representative and the
				  employee or employee representative to informally advise them of any apparent
				  safety or health violations disclosed by the inspection or investigation.
				  During such conference, the employer or employee shall be afforded an
				  opportunity to bring to the attention of the department representative any
				  information regarding conditions in the workplace pertinent to the apparent
				  safety or health violations.
(6)
				  Inspections or investigations shall be conducted pursuant to the requirements
				  of this part.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22326 - Representatives of employers and employees

Current through Vol. 24-12, July 15, 2024
Rule 1326.
(1)
				  Department representatives shall be in charge of conducting inspections or
				  investigations, and may question persons affected by the inspection or
				  investigation. A representative of the employer and a representative authorized
				  by employees shall be given an opportunity to accompany the department
				  representative during the physical inspection or investigation of a workplace
				  for the purpose of aiding the inspection or investigation. A department
				  representative may permit additional employer representatives and additional
				  representatives authorized by employees to accompany him when it is determined
				  that the additional representatives may further aid the inspection or
				  investigation. A different employer and employee representative may accompany
				  the department representative during each different phase of an inspection or
				  investigation if this does not interfere with the conduct of the inspection or
				  investigation.
(2) Department
				  representatives may resolve all disputes as to who is the representative
				  authorized by the employer and employees for the purpose of this rule. If there
				  is no authorized representative of employees, or if the department
				  representative is unable to determine with reasonable certainty who is such
				  representative, the department representative shall consult with a reasonable
				  number of employees concerning matters of safety and health in the
				  workplace.
(3) If, in the judgment
				  of the department representative, good cause is shown why accompaniment by a
				  third party who is not an employee of the employer (such as an industrial
				  hygienist or a safety engineer) is reasonably necessary to the conduct of an
				  effective and thorough physical inspection or investigation of the workplace,
				  the third party may accompany the department representative during the
				  inspection or investigation.
(4)
				  Department representatives may deny the right of accompaniment under this rule
				  to a person whose conduct interferes with a fair and orderly inspection or
				  investigation. The right of accompaniment in areas containing trade secrets
				  shall be subject to the provisions of
				  R
				  408.22331(4). With regard to
				  information classified by an agency of the federal government in the interest
				  of national security, only persons authorized to have access to the information
				  may accompany a department representative in areas containing such
				  information.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22331 - Trade secrets

Current through Vol. 24-12, July 15, 2024
Rule 1331.
(1)
				  Information reported to, or otherwise obtained by, a department representative
				  in connection with an inspection, investigation, or proceeding under the act,
				  which contains or which might reveal a trade secret, shall be considered
				  confidential. Such information may be disclosed only to other department
				  representatives concerned with carrying out the act or when relevant in any
				  proceeding under the act. In any such proceeding, the department shall issue
				  such orders as may be appropriate to protect the confidentiality of trade
				  secrets.
(2) Information which
				  contains, or which might reveal, a trade secret is not subject to public
				  inspection and copying.
(3) At the
				  commencement of an inspection or investigation, the employer may identify areas
				  in the establishment which contain, or which might reveal, a trade secret. If
				  the department representative has no clear reason to question the
				  identification, information obtained in such areas, including all negatives and
				  prints of photographs, and environmental samples, shall be labeled
				  "confidential--trade secret" and shall not be disclosed except in accordance
				  with the provisions of section 63 of the act.
(4) Upon the request of an employer, any
				  authorized representative of employees accompanying the department
				  representative in an area containing trade secrets shall be an employee in that
				  area or an employee authorized by the employer to enter that area. Where there
				  is no such representative, the department representative shall consult with a
				  reasonable number of employees who work in that area concerning matters of
				  safety and health.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22333 - Consultation with employees

Current through Vol. 24-12, July 15, 2024
Rule 1333. Department representatives may consult with
					 employees concerning matters of occupational safety and health to the extent
					 they deem necessary for the conduct of an effective and thorough inspection or
					 investigation. During the course of an inspection or investigation, an employee
					 shall be afforded an opportunity to bring any violation of the act which he has
					 reason to believe exists in the workplace to the attention of the department
					 representative.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22339 - Informal review of complaints by employees

Current through Vol. 24-12, July 15, 2024
Rule 1339.
(1) The
				  department shall notify a complaining party, in writing, when any of the
				  following determinations are made regarding a complaint under
				  R
				  408.22338.
(a) There
				  are no reasonable grounds to believe that an inspection or investigation should
				  be conducted.
(b) Based on an
				  inspection or investigation conducted pursuant to the complaint there are no
				  reasonable grounds to believe that the alleged violation exists.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22342 - Imminent danger; cease operation order

Current through Vol. 24-12, July 15, 2024
Rule 1342.
(1)
				  When a department representative concludes, on the basis of an inspection or
				  investigation, that conditions or practices exist in a place of employment
				  which could reasonably be expected to cause death or serious physical harm
				  immediately or before the imminence of such danger can be eliminated through
				  the enforcement procedures otherwise provided by the act, the department
				  representative shall inform the employer and affected employee of the danger
				  and afford the employer the opportunity to voluntarily eliminate the
				  danger.
(2) If the employer does
				  not immediately take steps to eliminate the imminent danger, the department
				  representative shall recommend to the department director that a cease
				  operation order be issued pursuant to section 31(1) of the act to require that
				  steps be taken as may be necessary to avoid, correct, or remove the imminent
				  danger. Appropriate citations and notices of proposed penalties may be issued
				  with respect to violations associated with an imminent danger, even though,
				  after being informed of such danger by the department representative, the
				  employer immediately eliminates the imminence of the danger and initiates steps
				  to abate such danger.
(3) Upon the
				  failure of the employer to promptly comply with a cease operation order issued
				  pursuant to subrule (2) of this rule, the department shall petition the circuit
				  court having jurisdiction to restrain any condition or practice in a place of
				  employment which the department determines causes the imminent danger to
				  exist.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22344 - Citations

Current through Vol. 24-12, July 15, 2024
Rule 1344.
(1) The
				  inspection or investigation report of the department representative shall be
				  reviewed by a department designee. If, on the basis of the report, the
				  department designee believes that the employer violated a requirement of
				  section 11 of the act, a requirement of any standard or rule promulgated
				  pursuant to the act, or a requirement of any order issued pursuant to the act,
				  he shall issue to the employer a citation by registered mail. An appropriate
				  citation shall be issued even though, after being informed of an alleged
				  violation by the department representative, the employer immediately abates, or
				  initiates steps to abate, the alleged violation. A citation shall be issued
				  with reasonable promptness after termination of the inspection or
				  investigation. A citation shall not be issued under this rule after the
				  expiration of 90 days from the completion of the physical inspection or
				  investigation of the establishment.
(2) A citation shall be in writing and
				  describe with particularity the nature of the alleged violation, including a
				  reference to the provision of the act, standards, rule, regulation, or order
				  alleged to have been violated. A citation shall also fix a reasonable time for
				  the abatement of the alleged violation.
(3) A citation shall contain, on its face, a
				  statement that it is an allegation of a violation. The issuance of a citation
				  does not constitute a finding that a violation of the act has occurred unless
				  there is a failure to appeal, either initially to the department or
				  subsequently to the board as provided in
				  R 408.22351 and
				  R 408.22354 of this part, or, if
				  appealed to the board, unless the citation is affirmed by the board.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22346 - Proposed penalties

Current through Vol. 24-12, July 15, 2024
Rule 1346.
(1)
				  After, or concurrent with, the issuance of a citation, and within a reasonable
				  time after the termination of the inspection or investigation, the department
				  shall notify the employer by registered mail of the proposed penalty as
				  provided by section 35 of the act, or that no penalty is being proposed. The
				  notice of the proposed penalty shall include statements informing the employer
				  that the proposed penalty shall become a final order of the board and not
				  subject to review by any court or agency unless, within 15 working days from
				  the date of receipt of such notice, the employer notifies the department in
				  writing that he intends to appeal the citation or the notification of proposed
				  penalty (see
				  R 408.22351). Payment of the
				  penalty shall be made to the department, payable to the "State of Michigan,"
				  within 5 working days of the date the penalty became a final order of the
				  board.
(2) The department shall
				  determine the amount of a proposed penalty, giving due consideration to the
				  appropriateness of the penalty with respect to the size of the business, the
				  seriousness of the violation, and the history of previous citations, pursuant
				  to section 36 of the act.
(3)
				  Appropriate penalties may be proposed with respect to an alleged violation,
				  even though, after being informed of the alleged violation by the department
				  representative, the employer immediately abates, or initiates steps to abate,
				  the alleged violation. Penalties shall not be proposed for violations which
				  have no direct or immediate relationship to safety or health.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22348 - Posting of citations

Current through Vol. 24-12, July 15, 2024
Rule 1348.
(1)
				  Upon receipt of a citation issued under the act, the employer shall immediately
				  post the citation, or a copy thereof, unedited, at or near the place of each
				  alleged violation referred to in the citation, with the following exceptions.
(a) Where, because of the nature of the
				  employer's operations, it is not practicable to post the citation at or near
				  the place of alleged violation, the citation shall be posted, unedited, in a
				  prominent place where it is readily observable by all affected employees. For
				  example, where employees are engaged in activities which are physically
				  dispersed, the citation may be posted at the location to which employees report
				  each day.
(b) Where employees do
				  not primarily work at, or report to, a single location, the citation may be
				  posted at the location from which the employees operate to carry out their
				  activities.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22349 - Notification of compliance with citations

Current through Vol. 24-12, July 15, 2024
Rule 1349.
(1) An
				  employer to whom a citation is issued shall notify the department, in writing,
				  immediately upon compliance with each item of the citation. Upon compliance
				  with an item of the citation, notification to the department shall not exceed 3
				  working days from the final abatement date on the citation of such
				  item.
(2) Notification, as required
				  in subrule (1) of this rule, may be accomplished by either of the following.
(a) Submitting to the department, signed and
				  dated, the "notification of abatement" copy of the citation, or a copy
				  thereof.
(b) Submitting a document,
				  in writing, to the department certifying compliance.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22351 - Employer appeal petitions of citations

Current through Vol. 24-12, July 15, 2024
Rule 1351.
(1) An
				  employer to whom a citation or notice of proposed penalty is issued may, under
				  section 41 of the act, petition the department in writing for a modification or
				  dismissal of the citation and any proposed penalty, or for a grant of
				  additional time for compliance.
The petition shall be postmarked within 15 working days of
					 the receipt by the employer of a citation or proposed penalty. The petition
					 shall specify which item on the citation is being petitioned, and whether it is
					 directed to the violation, proposed penalty, or abatement date.
(2) An employer shall post a copy
				  of the petition near the location of the violation where the subject citation
				  is posted, or give a copy of the petition to the affected employees or their
				  employee representative.
(3) An
				  employer shall include in the petition to the department a certification that a
				  copy of the petition was posted or given to the affected employees or their
				  employee representative pursuant to subrule (2) of this rule. The certification
				  shall include the date and method of transmittal of the petition.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22352 - Employee appeal petitions of citations

Current through Vol. 24-12, July 15, 2024
Rule 1352. Within 15 working days after the employer
					 receives a citation, an employee or employee representative may petition the
					 department, in writing, alleging that the period of time fixed in an item of
					 the citation for abatement of such item is unreasonable. The petition shall
					 specify which item on the citation is being petitioned. The department, upon
					 receipt of the petition, shall promptly submit a copy of the petition to the
					 employer, deleting the name of the employee or employee representative if so
					 requested.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22353 - Department decision on an appeal petition

Current through Vol. 24-12, July 15, 2024
Rule 1353.
(1)
				  Upon receipt of a petition, the department may.
(a) Modify or dismiss the citation or
				  proposed penalty.
(b) Modify the
				  time period fixed for compliance.
(c) Affirm the citation, including the
				  abatement date and proposed penalty.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22354 - Employer and employee notices of appeal to the board

Current through Vol. 24-12, July 15, 2024
Rule 1354.
(1)
				  Within 15 working days after receipt by the employer of the department's
				  decision regarding an appeal petition of a citation.
(a) The employer may appeal the decision to
				  the board.
(b) The employee or
				  employee representative may appeal the decision, with respect to the date fixed
				  for abatement, to the board.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 13 - INSPECTIONS AND INVESTIGATIONS, CITATIONS, AND › Section R. 408.22355 - Petition for modification of abatement period

Current through Vol. 24-12, July 15, 2024
Rule 1355.
(1) An
				  employer may file a petition for modification of an abatement date when the
				  employer has made a good faith effort to comply with the abatement requirements
				  of a citation which has become a final order of the board, but the abatement
				  has not been completed because of factors beyond the employer's reasonable
				  control.
(2) A petition for
				  modification of an 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 an abatement date has been filed and posted in
				  accordance with subrule (4).