reglab/statecodes huggingface dataset:
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. 408.22115 - Recording criteria for cases involving occupational hearing loss, after January 1, 2003

Current through Vol. 24-12, July 15, 2024
Rule 1115.
(1)
					 If an employee's hearing test (audiogram) reveals that the employee has
					 experienced a work-related standard threshold shift (STS) in hearing in 1 or
					 both ears, and the employee's total hearing level is 25 decibels (dB) or more
					 above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear or
					 ears as the STS, you must record the case on the MIOSHA 300 Log, column
					 5.
(2) What is a standard threshold
					 shift? A standard threshold shift, or STS, is defined in Occupational Health
					 Standard Part 380 "Occupational Noise Exposure in General Industry" as
					 referenced in
					 R
					 408.22102a, as a change in hearing threshold, relative
					 to the baseline audiogram for that employee, of an average of 10 decibels (dB)
					 or more at 2000, 3000, and 4000 hertz (Hz) in 1 or both ears.
(3) How do I evaluate the current audiogram
					 to determine whether an employee has an STS and a 25 dB hearing level?
(a) If the employee has never previously
					 experienced a recordable hearing loss, then you must compare the employee's
					 current audiogram with that employee's baseline audiogram. If the employee has
					 previously experienced a recordable hearing loss, then you must compare the
					 employee's current audiogram with the employee's revised baseline audiogram,
					 which is the audiogram reflecting the employee's previous recordable hearing
					 loss case.
(b) 25 dB loss.
					 Audiometric test results reflect the employee's overall hearing ability in
					 comparison to audiometric zero. Therefore, using the employee's current
					 audiogram, you must use the average hearing level at 2000, 3000, and 4000 Hz to
					 determine if the employee's total hearing level is 25 dB or more.
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. 408.22117 - Recording criteria for work-related tuberculosis cases

Current through Vol. 24-12, July 15, 2024
Rule 1117.
(1)
					 If any of your employees has been occupationally exposed to anyone with a known
					 case of active tuberculosis (TB), and that employee subsequently develops a
					 tuberculosis infection, as evidenced by a positive skin test or diagnosis by a
					 physician or other licensed health care professional, you must record the case
					 on the MIOSHA 300 Log by checking the "respiratory condition" column.
(2) Am I required to record, on the log, a
					 positive TB skin test result obtained at a pre-employment physical? No. You are
					 not required to record it because the employee was not occupationally exposed
					 to a known case of active tuberculosis in your workplace.
(3) May I line-out or erase a recorded TB
					 case if I obtain evidence that the case was not caused by occupational
					 exposure? Yes. You may line-out or erase the case from the log under any of the
					 following circumstances:
(a) The worker is
					 living in a household with a person who has been diagnosed with active
					 TB.
(b) The department of community
					 health has identified the worker as a contact of an individual with a case of
					 active TB unrelated to the workplace.
(c) A medical investigation shows that the
					 employee's infection was caused by exposure to TB away from work, or proves
					 that the case was not related to the workplace TB exposure.
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. 408.22118 - Falsification, or failure to keep records or reports

Current through Vol. 24-12, July 15, 2024
Rule 1118.
(1)
					 Whoever knowingly makes a false statement, representation, or certification in
					 an application, record, report, plan or other document filed or required to be
					 maintained pursuant to the act, or fails to maintain or transmit records or
					 reports as required under the act, shall be subject to the provisions of
					 section 35(7) of the act.
(2)
					 Failure to maintain records or file reports required by this part, or in the
					 details required by forms and instructions issued under this part, is a
					 violation of the act and may result in the issuance of citations and assessment
					 of penalties as provided for in sections 33, 35, 41, and 42 of the
					 act.
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. 408.22119 - Record keeping on federal OSHA forms

Current through Vol. 24-12, July 15, 2024
Rule 1119. Records maintained by an employer pursuant to
						this standard on the federal record keeping forms shall be regarded as in
						compliance with the state requirements as provided in this standard. The OSHA
						forms are the following:
(a) OSHA Form
					 300A "Summary of Work-Related Injuries and Illnesses."
(b) OSHA Form 300 "Log of Work-Related
					 Injuries and Illnesses."
(c) OSHA
					 Form 301 "Injury and Illness Incident Report.".
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. 408.22129 - Forms

Current through Vol. 24-12, July 15, 2024
Rule 1129
(1)
					 You must use MIOSHA 300A, 300, and 301 forms, or equivalent forms, and shall
					 complete the forms in the detail required by the forms and the instructions
					 contained in the forms for the purpose of recording recordable injuries and
					 illnesses. The MIOSHA forms are the following:
(a) MIOSHA Form 300A "Summary of Work-Related
					 Injuries and Illnesses."
(b) MIOSHA
					 Form 300 "Log of Work-Related Injuries and Illnesses."
(c) MIOSHA Form 301 "Injury and Illness
					 Incident Report."
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. 408.22130 - Multiple business establishments

Current through Vol. 24-12, July 15, 2024
Rule 1130.
(1)
					 You must keep a separate MIOSHA 300 Log for each establishment that is expected
					 to be in operation for 1 year or longer.
(2) Do I need to keep MIOSHA injury and
					 illness records for short-term establishments, that is, establishments that
					 will exist for less than a year? Yes. However, you are not required to keep a
					 separate MIOSHA 300 Log for each such establishment. You may keep 1 MIOSHA 300
					 Log that covers all of your short-term establishments. You may also include the
					 short-term establishments' recordable injuries and illnesses on a MIOSHA 300
					 Log that covers short-term establishments for individual company divisions or
					 geographic regions.
(3) May I keep
					 the records for all of my establishments at my headquarters location or at some
					 other central location? Yes. You may keep the records for an establishment at
					 your headquarters or other central location if you comply with both of the
					 following provisions:
(a) Transmit
					 information about the injuries and illnesses from the establishment to the
					 central location within 7 calendar days of receiving information that a
					 recordable injury or illness has occurred.
(b) Produce and send the records from the
					 central location to the establishment within the time frames required by
					 R
					 408.22135 and
					 R 408.22140 when you are required
					 to provide records to a government representative, employees, former employees,
					 or employee representatives.
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. 408.22131 - Covered employees

Current through Vol. 24-12, July 15, 2024
Rule 1131.
(1)
					 Basic requirement. You must record on the MIOSHA 300 Log the recordable
					 injuries and illnesses of all employees on your payroll, whether they are
					 labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You
					 also must record the recordable injuries and illnesses that occur to employees
					 who are not on your payroll if you supervise these employees on a day-to-day
					 basis.
If your business is organized as a sole proprietorship or
						partnership, the owner or partners are not considered employees for
						recordkeeping purposes.
(2)
					 All of the following apply to implementation of subrule (1) of this rule:
(a) If a self-employed person is injured or
					 becomes ill while doing work at my business, do I need to record the injury or
					 illness? No, self-employed individuals are not covered by these
					 rules.
(b) If I obtain employees
					 from a temporary help service, employee leasing service, or personnel supply
					 service, am I required to record an injury or illness occurring to one of those
					 employees? You must record these injuries and illnesses if you supervise these
					 employees on a day-to-day basis.
(c) If an employee in my establishment is a
					 contractor's employee, must I record an injury or illness occurring to that
					 employee? If the contractor's employee is under the day-to-day supervision of
					 the contractor, the contractor is responsible for recording the injury or
					 illness. If you supervise the contractor employee's work on a day-to-day basis,
					 you must record the injury or illness.
(d) Must the personnel supply service,
					 temporary help service, employee leasing service, or contractor also record the
					 injuries or illnesses occurring to temporary, leased, or contract employees
					 that I supervise on a day-to-day basis? No, you and the temporary help service,
					 employee leasing service, personnel supply service, or contractor should
					 coordinate your efforts to make sure that each injury and illness is recorded
					 only once: either on your MIOSHA 300 Log if you provide day-to-day supervision
					 or on the other employer's MIOSHA 300 Log if that company provides day-to-day
					 supervision.
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. 408.22132 - Annual summary

Current through Vol. 24-12, July 15, 2024
Rule 1132.
(1)
					 Basic requirement. At the end of each calendar year, you must do all of the
					 following:
(a) Review the MIOSHA 300 Log to
					 verify that the entries are complete and accurate, and correct any deficiencies
					 identified.
(b) Create an annual
					 summary of injuries and illnesses recorded on the MIOSHA 300 Log.
(c) Certify the summary.
(d) Post the annual summary.
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. 408.22133 - Retention and updating

Current through Vol. 24-12, July 15, 2024
Rule 1133.
(1)
					 Basic requirement. You must save the MIOSHA 300 Log, the privacy case list, if
					 one exists, the annual summary, and the MIOSHA 301 Incident Report forms for 5
					 years following the end of the calendar year that these records
					 cover.
(2) All of the following
					 apply to implementation of subrule (1) of this rule:
(a) Am I required to update the MIOSHA 300
					 Log during the 5-year storage period? Yes, during the storage period, you must
					 update your stored MIOSHA 300 Logs to include newly discovered recordable
					 injuries or illnesses and to show any changes that have occurred in the
					 classification of previously recorded injuries and illnesses. If the
					 description or outcome of a case changes, you must remove or line out the
					 original entry and enter the new information.
(b) Am I required to update the annual
					 summary? No, you are not required to update the annual summary, but you may do
					 so if you wish.
(c) Am I required
					 to update the MIOSHA 301 Incident Report? No, you are not required to update
					 the MIOSHA 301 Incident Report, but you may do so if you wish.
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. 408.22134 - Change in business ownership

Current through Vol. 24-12, July 15, 2024
Rule 1134. If your business changes ownership, you are
						responsible for recording and reporting work-related injuries and illnesses
						only for that period of the year during which you owned the establishment. You
						must transfer your records under this standard to the new owner. The new owner
						must save all records of the establishment kept by the prior owner, as required
						by
						R
						408.22133, but need not update or correct the records
						of the prior owner.
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. 408.22135 - Employee involvement

Current through Vol. 24-12, July 15, 2024
Rule 1135.
(1)
					 Basic requirement. Your employees and their representatives must be involved in
					 the recordkeeping system as follows:
(a) You
					 must inform each employee of how he or she is to report a work-related injury
					 or illness to you.
(b) You must
					 provide employees with the information described in subrule (2)(c) of this
					 rule.
(c) You must provide access
					 to your injury and illness records for your employees and their
					 representatives.
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. 408.22136 - Prohibition against discrimination

Current through Vol. 24-12, July 15, 2024
Rule 1136. In addition to
						R
						408.22135, section 65 of the act prohibits you from
						discriminating against an employee for reporting a work-related fatality,
						injury, or illness. Section 65 of the act also protects the employee who files
						a safety and health complaint, asks for access to the records under this part,
						or otherwise exercises any rights afforded by the act.
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. 408.22138 - Private sector variances from recordkeeping rule

Current through Vol. 24-12, July 15, 2024
Rule 1138.
(1)
					 If you are a private employer and wish to keep records in a different manner
					 from the manner prescribed by these rules, you may submit a variance petition
					 to the Assistant Secretary of Labor for Occupational Safety and Health, U.S.
					 Department of Labor, Washington, DC 20210. You can obtain a variance only if
					 you can show that your alternative recordkeeping system provides all of the
					 following:
(a) Collects the same information
					 as this standard requires.
(b)
					 Meets the purposes of the act.
(c)
					 Does not interfere with the administration of the occupational safety and
					 health act of 1970,
					 29
					 U.S.C. §
													651 et seq.
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. 408.22139 - Reporting fatalities, hospitalizations, amputations, and losses of eye as result of work-related incidents to MIOSHA

Current through Vol. 24-12, July 15, 2024
Rule 1139.
(1)
					 Fatalities. Within 8 hours after the death of any employee from a work-related
					 incident, you must report the fatality by telephone to the MIOSHA toll-free
					 central telephone number: 1-800-858-0397.
(2) Hospitalizations, amputations, and losses
					 of an eye. Within 24 hours after the inpatient hospitalization of 1 or more
					 employees or an employees amputation or an employees loss of an eye, as a
					 result of a work-related incident, you must report the inpatient
					 hospitalization, amputation, or loss of an eye to MIOSHA.
(3) You must report the inpatient
					 hospitalization, amputation, or loss of an eye using 1 of the following
					 methods:
(a) By telephone or in person to the
					 MIOSHA office that is nearest to the site of the incident.
(b) By telephone to the MIOSHA toll-free
					 central telephone number: 1-844-464-6742.
(c) By electronic submission using the
					 reporting application located on MIOSHAs web site at
www.michigan.gov/recordkeeping
.
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. 408.22140 - Providing records to government representatives

Current through Vol. 24-12, July 15, 2024
Rule 1140.
(1)
					 Basic requirement. When an authorized government representative asks for the
					 records you keep under these rules, you must provide copies of the records
					 within 4 business hours.
(2) All of
					 the following apply to implementation of subrule (1) of this rule:
(a) What government representatives have the
					 right to get copies of my records as required by these rules? The government
					 representatives authorized to receive the records are any of the following:
(i) A representative of the secretary of
					 labor conducting an inspection or investigation under the act.
(ii) A representative of the secretary of
					 health and human services, including the National Institute for Occupational
					 Safety and Health--NIOSH conducting an investigation under section 20(b) of the
					 occupational safety and health act of 1970,
					 29 U.S.C.
					 669.
(iii) A representative of MIOSHA responsible
					 for administering a state plan approved under section 18 of the occupational
					 safety and health act of 1970,
					 29 U.S.C.
					 667.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22141 - Basic requirement

Current through Vol. 24-12, July 15, 2024
Rule 1141.
(1)
					 Annual electronic submission of MIOSHA or OSHA Form 300A "Summary of
					 Work-Related Injuries and Illnesses" requires all of the following:
(a) If your establishment had 20-249
					 employees at any time during the previous calendar year, and your establishment
					 is classified in an industry listed in Appendix B of this part, you must
					 electronically submit information from MIOSHA or OSHA Form 300A "Summary of
					 Work-Related Injuries and Illnesses" to OSHA or OSHA's designee.
You must submit the information once a year, no later
						than the date listed in
						R 408.22141b of the year after the
						calendar year covered by the form.
(b) If your establishment had 250 or more
					 employees at any time during the previous calendar year, and this part requires
					 your establishment to keep records, then you must electronically submit
					 information from MIOSHA or OSHA Form 300A "Summary of Work-Related Injuries and
					 Illnesses" to OSHA or OSHA's designee. You must submit the information once a
					 year, no later than the date listed in
					 R 408.22141b of the year after the
					 calendar year covered by the form.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22141b - Reporting dates

Current through Vol. 24-12, July 15, 2024
Rule 1141b. Establishments that are required to submit
						under R 408.22141 will have to submit all
						of the required information by March 2 of the year after the calendar year
						covered by the form or forms.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22142 - Requests from the bureau of labor statistics for data

Current through Vol. 24-12, July 15, 2024
Rule 1142.
(1)
					 Basic requirement. If you receive a survey of occupational injuries and
					 illnesses form from the bureau of labor statistics (BLS), or a BLS designee,
					 you must promptly complete the form and return it following the instructions
					 contained on the survey form.
(2)
					 Implementation.
(a) Does every employer have
					 to send data to the BLS? No, each year, the BLS sends injury and illness survey
					 forms to randomly selected employers and uses the information to create the
					 nation's occupational injury and illness statistics. In any year, some
					 employers will receive a BLS survey form and others will not. You do not have
					 to send injury and illness data to the BLS unless you receive a survey
					 form.
(b) If I get a survey form
					 from the BLS, what do I have to do? If you receive a survey of occupational
					 injuries and illnesses form from the bureau of labor statistics (BLS), or a BLS
					 designee, you must promptly complete the form and return it, following the
					 instructions contained on the survey form.
(c) Do I have to respond to a BLS survey form
					 if I am normally exempt from keeping MIOSHA injury and illness records? Yes,
					 even if you are exempt from keeping injury and illness records under
					 R
					 408.22103, the BLS may inform you in writing that it
					 will be collecting injury and illness information from you in the coming year.
					 If you receive such a letter, you must keep the injury and illness records
					 required by
					 R
					 408.22110 to
					 R
					 408.22119 and make a survey report for the year
					 covered by the survey.
(d) Do I
					 have to answer the BLS survey form if I am located in a state-plan state? Yes,
					 all employers who receive a survey form must respond to the survey, even those
					 in Michigan, a state-plan state.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22151 - Public employer petition for alternate record maintenance

Current through Vol. 24-12, July 15, 2024
Rule 1151.
A public employer who wishes to maintain records in a
						manner different from that required by this part shall submit a petition
						containing the information prescribed in
						R
						408.22153 to the Department of Labor and Economic
						Opportunity, MIOSHA, Box 30643, Lansing, Michigan 48909.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22152 - Opportunity for comment

Current through Vol. 24-12, July 15, 2024
Rule 1152. Affected employees or their representatives
						shall have an opportunity to submit written data, views, or arguments
						concerning the petition to the director within 10 working days following the
						receipt of notice prescribed in
						R
						408.22153(e).
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22153 - Contents of petitions

Current through Vol. 24-12, July 15, 2024
Rule 1153. A petition filed by a public employer shall
						include all of the following:
(a) The
					 name and address of the applicant.
(b) The address of the place or places of
					 employment involved.
(c)
					 Specifications of the reasons for seeking relief.
(d) A description of the different record
					 keeping procedures that are proposed by the applicant.
(e) A statement that the applicant has
					 informed his or her affected employees of the petition by giving a copy of the
					 petition to them, or to their authorized representative, and by posting a
					 statement giving a summary of the petition. A statement posted pursuant to this
					 subdivision shall be posted in each establishment in the same manner that
					 notices are required to be posted under section 67(1) of the act, that is, in a
					 central and conspicuous location or for normal observation by employees. The
					 applicant shall state that he or she has informed his or her affected employees
					 of their rights as prescribed in
					 R
					 408.22152.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22154 - Additional notices and conferences

Current through Vol. 24-12, July 15, 2024
Rule 1154.
(1)
					 In addition to the actual notice provided for in
					 R
					 408.22153(e), the director may
					 provide or cause to be provided such additional notice of the petition as he or
					 she deems appropriate.
(2) The
					 director may afford an opportunity to interested parties for an informal
					 conference or hearing concerning the petition.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22155 - Action

Current through Vol. 24-12, July 15, 2024
Rule 1155 After review of the petition and of comments
						submitted in regard to the petition, and upon completion of any necessary
						appropriate investigation concerning the petition, if the director finds that
						the alternative procedure proposed will not hamper or interfere with the
						purposes of the act and will provide equivalent information, he or she may
						grant the petition subject to any conditions as he or she may determine
						appropriate, and subject to revocation for cause.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22156 - Notice of exception; publication

Current through Vol. 24-12, July 15, 2024
Rule 1156.
Notice that an exception has been granted as prescribed
						by this part must be published in the MIOSHA News, a quarterly publication of
						the department of labor and economic opportunity. This notice may summarize the
						alternative to the rules involved which the particular exception
						permits.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22157 - Revocation

Current through Vol. 24-12, July 15, 2024
Rule 1157. The director may revoke an exception granted
						under this part for failure to comply with the conditions of the exception. An
						opportunity for informal hearing or conference shall be afforded to the
						employers and affected employees or their representatives. Except in cases of
						willful noncompliance or where employee safety or health requires otherwise,
						before the commencement of an informal proceeding, the employer shall be
						notified in writing of the facts or conduct that may warrant the action and be
						given an opportunity to demonstrate or achieve compliance.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 11 - RECORDING AND REPORTING OF OCCUPATIONAL INJURIES AND ILLNESSES › ELECTRONIC SUBMISSION OF INJURY AND ILLNESS RECORDS TO OSHA › Section R. 408.22158 - Compliance after submission of petition

Current through Vol. 24-12, July 15, 2024
Rule 1158. The submission of a petition, or a delay by
						the director in acting upon a petition, shall not relieve an employer from any
						obligation to comply with this part. The director shall give notice of the
						denial of a petition within a reasonable time.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22201 - Purpose and scope

Current through Vol. 24-12, July 15, 2024
Rule 1201.
(1)
				  This part pertains to the practice and procedure for administrative proceedings
				  to grant variances under section 27(1), (2), and (4) of the Michigan
				  occupational safety and health act.
(2) These rules shall be construed and
				  applied to secure a prompt and just conclusion of the proceedings subject
				  hereto.
(3) These rules shall not
				  apply to experimental variances which may be granted pursuant to section 27(3)
				  of the act. Whenever experimental variances are sought or requested, the
				  procedures for granting the variances shall be in accordance with the intent of
				  the procedures of these rules, but shall be adapted to the circumstances of the
				  request.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22203 - Definitions; A to E

Current through Vol. 24-12, July 15, 2024
Rule 1203.
(1)
				  "Act" means Act No. 154 of the Public Acts of 1974, as amended, being A§
										408.1001et seq. of
				  the Michigan Compiled Laws.
(2)
				  "Administrative procedures act" means Act No. 306 of the Public Acts of 1969,
				  as amended, being A§
										24.201et
				  seq. of the Michigan Compiled Laws.
(3) "Affected employee" means an employee who
				  would be affected by the issuance or denial of a variance or any of the
				  employee's authorized representatives, such as the employee 's collective
				  bargaining agent.
(4) "Department"
				  means the department of consumer and industry services.
(5) "Director" means the director of the
				  department of consumer and industry services.
(6) "Experimental variance" means a written
				  order issued by a department authorizing an employer to deviate from the
				  requirements of an occupational safety or health standard while conducting or
				  participating in an experiment to demonstrate or validate techniques to
				  safeguard the health or safety of workers.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22204 - Definitions; I to T

Current through Vol. 24-12, July 15, 2024
Rule 1204.
(1)
				  "Interim order" means a written order issued by the department authorizing an
				  employer to continue to operate equipment, or to carry on processes,
				  procedures, or practices which do not meet the requirements of a standard
				  pending a determination on the merits of a variance application.
(2) "Party" means a person admitted to
				  participate in a hearing conducted pursuant to these rules. An applicant for
				  relief and any affected employee shall be entitled to be named parties. A
				  department shall be deemed to be a party without the necessity of being
				  named.
(3) "Permanent variance"
				  means a written order issued by a department authorizing an employer to deviate
				  from the requirements of an occupational safety or health standard when
				  protection is provided to employees equal to that which would be provided by
				  compliance with the requirements of the standard.
(4) "Person" means an individual,
				  partnership, association, corporation, business trust, legal representative, or
				  organized group of individuals, or an agency, authority, or instrumentality of
				  the state or a political subdivision thereof.
(5) "Temporary variance" means a written
				  order issued by a department authorizing an employer to deviate from the
				  requirements of an occupational safety or health standard prior to the
				  effective date of the standard for the specific period of time necessary for
				  the employer to achieve compliance with the standard.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22212 - Effect of variance

Current through Vol. 24-12, July 15, 2024
Rule 1212. A variance granted pursuant to this part shall
					 have only future effect. In his discretion, a director may decline to entertain
					 an application for a variance on a subject or issue concerning which a citation
					 has been issued to the employer involved, and a proceeding on the citation or a
					 related issue concerning a proposed penalty or period of abatement is pending
					 before a department or the board of health and safety compliance and appeals,
					 until the completion of that proceeding.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22213 - Notice of granted variance; publication

Current through Vol. 24-12, July 15, 2024
Rule 1213. Notice that a variance has been granted under
					 this part shall be published in the MIOSHA News, a quarterly publication of the
					 department of consumer and industry services.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22214 - Notice to applicant and affected employees

Current through Vol. 24-12, July 15, 2024
Rule 1214.
(1) A
				  department, upon granting a variance, shall notify by mail the applicant and
				  affected employees, if known, of the granting of the variance, including the
				  terms and conditions thereof.
(2)
				  An employer, upon receiving notice that a variance has been granted, shall
				  notify affected employees of the granting of the variance by giving to them a
				  copy of the variance and posting a statement containing a summary of the
				  variance. A summary of the variance shall specify where a copy of the variance
				  may be examined. The posting shall be at the area in which the affected
				  employees work.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22215 - Form of documents, subscriptions, copies

Current through Vol. 24-12, July 15, 2024
Rule 1215. A particular form is not prescribed for
					 applications and other papers which may be filed in proceedings under these
					 rules. However, an application and other papers shall be clearly legible,
					 comply with the provisions of section 27 of the act, and be signed by the
					 person filing them.
APPLICATION FOR VARIANCE
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22221 - General application requirements

Current through Vol. 24-12, July 15, 2024
Rule 1221.
(1) An
				  employer desiring a temporary or permanent variance from a standard, or a
				  portion of a standard, shall file a written application containing the
				  information prescribed in this rule and
				  R
				  408.22222 or
				  R
				  408.22223 with the appropriate division of the
				  Department of Consumer and Industry Services, Bureau of Safety and Regulation,
				  State Secondary Complex, 7150 Harris Drive, Box 30643, Lansing, Michigan
				  48909.
(2) An application for a
				  variance shall include all of the following information.
(a) The name and address of the firm, and the
				  name and title of the person filing the application.
(b) The address of the place of employment
				  involved.
(c) A specification of
				  the standard, or portion of the standard, from which the application seeks a
				  variance.
(d) A request for a
				  hearing, as provided in these rules.
(e) A statement that the applicant has
				  informed affected employees of the application, at the time the application for
				  a variance was filed, by giving a copy of the application to the affected
				  employees' authorized representative, if any, and by posting a copy of the
				  application or a statement containing a summary of the application. A summary
				  of the application shall specify where a copy of the application may be
				  examined. Posting shall be at the area in which the affected employees
				  work.
(f) A description of how
				  affected employees have been informed of the variance application, and of their
				  right to petition the director for a hearing.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22222 - Application for temporary variance

Current through Vol. 24-12, July 15, 2024
Rule 1222. An employer submitting an application for a
					 temporary variance shall include in the application, in addition to the
					 information required in
					 R
					 408.22221, the following.
(a) A statement that the applicant is unable
				  to comply with the standard, or portion thereof, and a detailed explanation of
				  the reason why.
(b) A statement of
				  the steps the applicant has taken and shall take, with specific dates where
				  appropriate, to protect employees against the hazard covered by the
				  standard.
(c) A statement
				  indicating when the applicant shall comply with the standard, and what steps
				  the applicant has taken and shall take, with specific dates where appropriate,
				  to comply with the standard.
(d) A
				  statement of the facts establishing that the applicant is unable to comply with
				  a standard by its effective date because of the unavailability of professional
				  or technical personnel, because of the unavailability of materials needed to
				  come into compliance with the standard, or because necessary construction or
				  alteration of facilities cannot be completed by the effective date.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22223 - Application for permanent variance

Current through Vol. 24-12, July 15, 2024
Rule 1223. An employer submitting an application for a
					 permanent variance shall include in the application, in addition to the
					 information required in
					 R
					 408.22221, the following.
(a) A description of the conditions,
				  practices, means, methods, operations, and processes used or proposed to be
				  used by the applicant.
(b) How the
				  conditions, practices, means, methods, operations, and processes used or
				  proposed to be used would provide employment to employees which is as safe and
				  healthful as those required by the standard for which a variance is
				  sought.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22224 - Application for modification, revocation, and renewal of variance; contents; informing affected employees; furnishing copy of application to employer; notice of intent to revoke or modify a variance; publication of notice

Current through Vol. 24-12, July 15, 2024
Rule 1224.
(1) An
				  employer or an affected employee may apply in writing to the department for a
				  modification, revocation, or renewal of a variance issued under section 27 of
				  the act. The application shall contain all of the following information.
(a) The name and address of the firm, and the
				  name and title of the applicant.
(b) A description of the relief, whether
				  modification, revocation, or renewal, which is sought.
(c) A statement setting forth with
				  particularity the grounds for the modification, revocation, or
				  renewal.
(d) Any request for a
				  hearing as provided in these rules.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22225 - Action on defective variance application

Current through Vol. 24-12, July 15, 2024
Rule 1225.
(1) If
				  an application filed pursuant to these rules is defective by not conforming to
				  the applicable requirements, a department shall promptly return the application
				  to the applicant with a brief statement indicating the reason for its
				  return.
(2) The return of an
				  application because it is defective shall be without prejudice to the filing of
				  another application.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22226 - Requests for hearing on application

Current through Vol. 24-12, July 15, 2024
Rule 1226.
(1)
				  Within 10 days after the time the employer gives notice to employees of the
				  filing of an application for a variance in accordance with employee notice
				  requirements of these rules, the applicant or affected employee may file with
				  the department a request for a hearing on the application.
(2) A request for a hearing filed pursuant to
				  subrule (1) shall include the following.
(a) A
				  concise statement of facts showing how the applicant or employee would be
				  affected by the relief applied for.
(b) A specification of any statement or
				  representation in the employer's application which is in dispute, and a concise
				  summary of the facts that would be presented.
(c) Views or arguments on any issue of fact
				  or law presented.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › Section R. 408.22227 - Application for variance; interim order; publication of summary; opportunity for public response; informal hearing; notice; issuance of denial or variance

Current through Vol. 24-12, July 15, 2024
Rule 1227.
(1)
				  Upon receipt of a valid application for a variance, and if the application has
				  not been denied pursuant to this part, the department may issue an interim
				  order and shall publish in the MIOSHA News a summary of the application. The
				  published notice shall include a statement outlining the opportunity for public
				  response and an informal hearing. This informal hearing is separate from the
				  formal hearing that is provided for in
				  R
				  408.22226 and
				  R 408.22231 to
				  R 408.22251 of this part.
(2) Upon request for an informal hearing
				  resulting from the published application for a variance, the department shall
				  notify the person requesting the hearing, the employer applying for the
				  variance, the employer's employees, or the authorized employee representative,
				  of all of the following.
(a) The time, date,
				  place, and the subject matter of the hearing.
(b) The authority under which the hearing is
				  to be held.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22231 - Notice of hearing; contents; referral to hearing officer

Current through Vol. 24-12, July 15, 2024
Rule 1231.
(1)
					 Upon request for a hearing as provided in
					 R
					 408.22226 or upon its own initiative, a department
					 shall serve or cause to be served on the parties a reasonable notice of
					 hearing.
(2) A notice of hearing
					 served under subrule (1) shall include the following.
(a) The time, date, place, and nature of the
					 hearing.
(b) The legal authority
					 and jurisdiction under which the hearing is to be held.
(c) A reference to the section of the act and
					 rules involved.
(d) A brief
					 statement of the issues involved.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22232 - Manner of service

Current through Vol. 24-12, July 15, 2024
Rule 1232. Service of a document upon any party shall be
						made by personal delivery or mailing by certified mail to the last known
						address of the party. The person serving the document by personal delivery
						shall certify to the manner and the date of the service.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 12 - VARIANCES GENERAL PROVISIONS › HEARINGS › Section R. 408.22233 - Hearing officers or other officials; powers and duties

Current through Vol. 24-12, July 15, 2024
Rule 1233.
(1) A
					 hearing officer designated to preside over a hearing shall have all powers
					 necessary or appropriate to conduct a fair, full, and impartial hearing,
					 including the power to.
(a) Administer oaths
					 and affirmations.
(b) Rule upon
					 offers of proof and receive relevant 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) Consider and rule upon procedural
					 requests.
(f) Hold conferences for
					 the settlement or simplification of the issues by consent of the
					 parties.
(g) Make, or to cause to
					 be made, an on-site visit to the place of employment involved.
(h) Prepare proposed decisions.