Michigan Compiled Laws Act 154 Of 1974 Michigan Occupational Safety And Health Act (408.1001 - 408.1094)* 408.1035a. Added This Added § Takes Effect When Any Provision Of Section 14 Is Held To Be Unconstitutional By A Court Of Competent Jurisdiction, The Allowable Time For Filing An Appeal Has Expired Or The Appellant Has Exhausted All Avenues Of Appeal, And Section 35 Is Repealed ** 408.1035 This Section Is Repealed If Section 14, As Amended By Act 105 Of 1991, Is Held To Be Unconstitutional By A Court Of Competent Jurisdiction And The Allowable Time For Filing An Appeal Has Expired Or The Appellant Has Exhausted All Avenues Of Appeal *

AN ACT to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates.

History: 1974, Act 154, Eff. Jan. 1, 1975 ;-- Am. 1986, Act 80, Imd. Eff. Apr. 7, 1986 ;-- Am. 1986, Act 147, Imd. Eff. July 2, 1986

Compiler's Notes: In the last phrase of this title, “and parts of act on specific dates” evidently should read “and parts of acts on specific dates”.

Section 408.1001 Short Title.
This act shall be known and may be cited as the “Michigan occupational safety and health act”. History: 1974, Act 154, Eff. Jan. 1,...
Section 408.1002 Scope Of Act; Effect On Statutory Or Common Law.
(1) This act shall apply to all places of employment in the state, except in domestic employment and in mines as defined in section...
Section 408.1003 Meanings Of Words And Phrases.
The words and phrases defined in sections 4 to 6 have the meanings respectively ascribed to them for the purposes of this act. History:...
Section 408.1004 Definitions; A To M.
(1) "Agricultural operations" means the work activity designated in major groups 01 and 02 of the standard industrial classification manual, United States bureau of...
Section 408.1005 Definitions; E To I.
(1) "Employee" means a person permitted to work by an employer. (2) "Employer" means an individual or organization, including the state or a political...
Section 408.1006 Definitions; P To W.
(1) "Place of employment" means a factory, plant, establishment, construction site or other similar area, workplace, or environment where an employee is permitted to...
Section 408.1009 Legislative Declaration.
The safety, health, and general welfare of employees are primary public concerns. The legislature hereby declares that all employees shall be provided safe and...
Section 408.1011 Duties Of Employer.
An employer shall: (a) Furnish to each employee, employment and a place of employment that is free from recognized hazards that are causing, or...
Section 408.1012 Duties Of Employee.
An employee shall: (a) Comply with rules and standards promulgated, and with orders issued pursuant to this act. (b) Not remove, displace, damage, destroy,...
Section 408.1013 Administration And Enforcement; Reports.
(1) The department of labor shall administer and enforce the provisions of this act relative to occupational safety. (2) The department of public health...
Section 408.1014 Federal Standards Incorporated By Reference; Force And Effect; Conflicts; Copies Of Standard; Processing Proposed Rule Substantially Similar To Federal Standard; Clear And Convincing Need For Standard; Compliance With Administrative Procedures Act Of 1969.
(1) Except as otherwise provided in subsection (3), the occupational safety and health standards that have been adopted or promulgated by the United States...
Section 408.1014a Occupational Safety And Health Hazard Communication Standard; Incorporation By Reference; Applicability Of Standard; Conflicting Provisions; Administration And Enforcement Of Standards; Duties Of Employers.
(1) The occupational safety and health hazard communication standard that has been adopted or promulgated by the United States department of labor and has...
Section 408.1014b Disclosure Of Specific Chemical Identity, Percentage Composition, Or Both.
In nonemergency situations, a chemical manufacturer, importer, or employer claiming a trade secret, upon request, shall disclose a specific chemical identity, percentage composition, or...
Section 408.1014c Identification Of Pipes And Piping Systems In Workplace; Establishment Of Pipe And Stationary Process Container Entry Procedure; Applicable Provisions.
Pipes or piping systems in a workplace that contain a hazardous chemical shall be identified to an employee by a label or by a...
Section 408.1014d Trade Secret Claims; Petition; Review; Confidentiality; Determination; Final Order; Revocation Of Order; Hearing; Exemption Of Records And Information From Disclosure Under Freedom Of Information Act; Providing Director With Specific Chemical Identity And Percentage Composition Of Hazardous Chemical.
(1) Upon request of the director, an employer who claims a trade secret under the standard incorporated by reference by section 14a shall support...
Section 408.1014e Public Service Announcements.
In order to educate employers, employees, and the public about the hazards of exposure to hazardous chemicals and the requirements of the occupational safety...
Section 408.1014f Employer Engaged In Agricultural Operations; Certifying List Of Chemicals.
(1) An employer engaged in agricultural operations is not required to comply with the standard incorporated by reference in section 14a or sections 14b...
Section 408.1014g Chemical In Sealed Package In Transit By Common Carrier.
An employer is not required to comply with the standard incorporated by reference in section 14a or with sections 14b to 14l with respect...
Section 408.1014h Employer Engaged In Construction Operations.
An employer engaged in construction operations may satisfy the requirements of the standard incorporated in section 14a and sections 14b to 14l that a...
Section 408.1014i Plan For Executing Responsibilities Of Organized Fire Department.
The chief of each organized fire department shall prepare and disseminate to each fire fighting employee of the organized fire department a plan for...
Section 408.1014j Signs Throughout Workplace; Contents.
An employer subject to the standard incorporated by reference in section 14a and to sections 14b to 14l shall post signs throughout the workplace...
Section 408.1014k Safety Data Sheets For Hazardous Chemicals In Workplace; Organization; Training Employees; Notice Of New Or Revised Sheets.
(1) An employer who is subject to the standard incorporated by reference in section 14a and to sections 14b to 14l shall organize the...
Section 408.1014l Failure To Provide Exposed Employee With Access To Most Current Safety Data Sheet.
The failure of an employer who is subject to the standard incorporated by reference in section 14a and to this section and sections 14b...
Section 408.1014m Conflicting Provisions Unenforceable.
The standard incorporated by reference in section 14a and sections 14b to 14 l occupy the entire field of regulation of occupational safety and...
Section 408.1014n Federal Occupational Safety And Health Field Sanitation Standard; Incorporation By Reference; Effect; Providing Potable Water, Toilet Facility, And Hand Washing Facility For Agricultural Employees; Administration And Enforcement Of Incorporated Standard; Copies Of Standard.
(1) Except as provided in subsections (2) and (3), the occupational safety and health field sanitation standard that has been adopted or promulgated by...
Section 408.1015 Repealed. 2012, Act 416, Eff. Dec. 27, 2012.
Compiler's Notes: The repealed section pertained to creation, appointment, and procedures of general industry safety standards commission.
Section 408.1016 Promulgation, Expression, And Adoption Of Standards By Director.
The director may promulgate standards in accordance with this act to prevent accidents in places of employment and to protect the life and safety...
Section 408.1017 Workplace Ergonomics; Promulgation Of Rules Prohibited; Federal Rules Or Guidelines; "Workplace Ergonomics" Defined.
(1) A department, board, or commission authorized to promulgate rules under this act shall not promulgate a rule or establish a standard regarding workplace...
Section 408.1018 Repealed. 2012, Act 448, Imd. Eff. Dec. 27, 2012.
Compiler's Notes: The repealed section pertained to creation, appointment, qualifications, and meetings of construction safety standards commission.
Section 408.1019 Promulgation Of Standards By Director.
The director may promulgate construction safety standards in accordance with this act and based upon, but not limited to, generally accepted nationwide engineering standards...
Section 408.1021 Continuation Of Safety Standards; Emergency Safety Standards; Promulgation Of Approved Standard.
(1) Standards promulgated by the former general industry safety standards commission and standards promulgated by the former construction safety standards commission under this act...
Section 408.1023 Repealed. 2012, Act 447, Imd. Eff. Dec. 27, 2012.
Compiler's Notes: The repealed section pertained to creation, appointment, qualifications, and meetings of the occupational health standards commission.
Section 408.1024 Continuation Of Occupational Health Standards; Promulgation; Requirements For Standard; Emergency Standard; Contents Of Standard; Availability And Costs Of Medical Examination Or Test; Religious Objection.
(1) Standards governing occupational health promulgated by the director of public health that are in effect on the effective date of the amendatory act...
Section 408.1027 Temporary Order Granting Variance From Standard; Rule Or Order For Variance From Standard.
(1) An employer may apply to the department of labor or the department of public health for a temporary order granting a variance from...
Section 408.1028 Violation Of Standard Threatening Physical Harm; Request For Inspection; Notice; Determination; Notification Of Condition Presenting Imminent Danger; Notification Of Violation Of Act Or Rule; Inspection; Confidentiality; Procedures For Informal Review Of Decision; Statement Of Final Disposition; Right To Attend Meetings.
(1) An employee or employee representative, who believes that a violation of a standard exists that threatens physical harm to an employee, may request...
Section 408.1029 Inspection And Investigations; Right Of Entry; Warrant; Witnesses; Evidence; Right Of Accompaniment; Advance Notice; Tests And Samples; Evaluation; Confidentiality Of Trade Secrets; Conference; Liability For Damages; Discrimination Prohibited; “wages And Fringe Benefits” Defined.
(1) To implement this act, a department representative, upon presenting appropriate credentials, may enter without delay, and at reasonable times, a place of employment...
Section 408.1030 Safety And Health Inspector At Site Of Tunnel, Shaft, Caisson, Or Cofferdam; Qualifications; Powers And Duties; Cost Of Wages And Fringe Benefits; Advising Of And Publishing Regular And Overtime Rates; Tunnel Construction Activity Exceeding 60 Hours Per Week; Employer's Responsibility Not Diminished.
(1) The department of labor shall provide a full-time safety and health inspector at the site where a tunnel, shaft, caisson, or cofferdam is...
Section 408.1031 Determination Of Imminent Danger; Notice; Order; Tagging Equipment Or Process; Removal Of Tag; On Site Review; Recommendation; Discrimination Prohibited; Noncompliance With Order; Petition To Restrain Condition Or Practice; Action Against Department; Response To Imminent Danger Complaint; Opportunity To Identify, Label, Or Provide Safety Data Sheet For Container.
(1) When and as soon as a department representative determines that an imminent danger exists in a place of employment, the department representative shall...
Section 408.1033 Citation For Violation; Issuance; Contents; Presentation; Mailing; Posting; Notification Of Compliance; Failure To Correct Violation; Notice In Place Of Citation; Rules; Vacating Citation.
(1) If, as the result of an inspection or investigation, the department representative believes that an employer has violated this act, an order issued...
Section 408.1035 Violations; Civil And Criminal Penalties; Effective Date Of Increases In Civil Penalties Made Pursuant To 1991 Amendatory Act.
408.1035 Violations; civil and criminal penalties; effective date of increases in civil penalties made pursuant to 1991 amendatory act. Sec. 35. (1) An employer who...
Section 408.1035a. Added Violations; Civil And Criminal Penalties.
408.1035a.added Violations; civil and criminal penalties. Sec 35a. (1) An employer who receives a citation for a serious violation of this act, an order issued...
Section 408.1036 Civil Penalties; Assessment; Schedule; Payment; Recovering Unpaid Penalty.
(1) The board shall assess civil penalties, considering the size of the business, the seriousness of the violation, the good faith efforts of the...
Section 408.1037 Evidence And Investigation Of Criminal Violation.
The department shall turn over evidence of a criminal violation of this act to the department attorney and shall assist in the investigation of...
Section 408.1041 Granting Additional Time For Compliance, Modification, Or Dismissal Of Citation And Penalty; Petition; Procedure; Effect Of Failure To Petition; Action By Department; Notice; Finality Of Decision; Appeal To Board.
Within 15 working days after receipt of a citation and proposed penalty, if any, an employer may petition the appropriate department for a grant...
Section 408.1042 Hearing; Order; Rules Of Procedure; Report Of Hearing Officer.
Upon receipt of a notice from an employer, employee, or an employee representative that the employer wishes to appeal the department's decision relative to...
Section 408.1043 Hearing; Conduct Of Proceedings.
Proceedings in a hearing shall be conducted in accordance with the procedures applicable to the trial of contested cases under Act No. 306 of...
Section 408.1044 Review Of Report Of Hearing Officer; Powers Of Board; Order Affirming Or Modifying Abatement Requirements; Judicial Review Of Order Or Standard.
(1) In reviewing a report of a hearing officer, the board by a vote of not less than a majority of its members may:...
Section 408.1045 Cease Operation Order; Enforcement Proceedings.
If an employer fails to comply with a final order of the board, the department may issue an order directing the employer to cease...
Section 408.1046 Board Of Health And Safety Compliance And Appeals; Creation; Appointment, Qualifications, And Terms Of Members; Chairman; Vacancy; Scope Of Authority; Meetings; Quorum; Prerequisite To Official Action; Compensation And Expenses; Hearing; Evidence; Fees; Rules; Construction And Application Of Identical State And Federal Standards.
(1) A board of health and safety compliance and appeals is created within the department of labor. The board of health and safety compliance...
Section 408.1048 Conducting Business At Public Meeting; Notice.
The business which a board, commission, or committee created pursuant to this act may perform shall be conducted at a public meeting of the...
Section 408.1052 Department Attorney As Representative Of Departments, Board, And Commissions In Litigation; Board Not Considered Party In Judicial Review Proceeding.
(1) The department attorney shall represent the department of labor, the department of public health, and the board and commissions established under this act...
Section 408.1054 Safety Education And Training Division; Creation; Functions; Newsletter; Statement As To Standard, Rule, Or Order.
(1) A safety education and training division is created within the department of licensing and regulatory affairs. (2) The functions of the safety education...
Section 408.1055 Safety Education And Training Fund.
(1) A safety education and training fund is created. Except as provided in subsection (2), the fund shall be used to accomplish the objectives...
Section 408.1056 Occupational Health Education And Training Program.
The department of public health shall conduct an occupational health education and training program with employees and employers for the prevention of occupational health...
Section 408.1057-408.1058 Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes: The repealed sections pertained to asbestos abatement projects in schools.
Section 408.1058a-408.1058d Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Compiler's Notes: The repealed sections pertained to training course for employee or agent of asbestos abatement contractor.
Section 408.1058e Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes: The repealed section pertained to asbestos abatement project records.
Section 408.1058f Repealed. 1990, Act 2, Imd. Eff. Feb. 12, 1990.
Compiler's Notes: The repealed section pertained to notice of asbestos abatement projects.
Section 408.1059, 408.1059a Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes: The repealed sections pertained to required training and a course on health and safety aspects of asbestos demolition, renovation, or encapsulation.
Section 408.1059b Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Compiler's Notes: The repealed section pertained to penalty provisions.
Section 408.1059c-408.1059e Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes: The repealed sections pertained to written materials relating to, and awareness training for, asbestos abatement projects.
Section 408.1059f Repealed. 1988, Act 439, Imd. Eff. Dec. 27, 1988.
Compiler's Notes: The repealed section pertained to notice of asbestos abatement projects.
Section 408.1060-408.1060d Repealed. 1991, Act 105, Eff. June 17, 1994.
Compiler's Notes: The repealed sections pertained to employer protections, prohibited conduct, and post-abatement procedures.
Section 408.1060e, 408.1060f Repealed. 1991, Act 105, Imd. Eff. Oct. 3, 1991.
Compiler's Notes: The repealed sections pertained to repeal of MCL 408.1057 to 408.1060d and promulgation of rules.
Section 408.1061 Records And Reports; Notice Of Fatalities Or Hospitalizations; Access Of Employee To Records; Notice To Employee Of Exposure And Corrective Action; Federal Requirements Not Negated.
408.1061 Records and reports; notice of fatalities or hospitalizations; access of employee to records; notice to employee of exposure and corrective action; federal requirements not...
Section 408.1061. Amended Records And Reports Of Work Illnesses And Injuries; Access To Records By Employee; Notice To Employee Of Exposure And Corrective Action; Federal Requirements Not Negated.
408.1061.amended Records and reports of work illnesses and injuries; access to records by employee; notice to employee of exposure and corrective action; federal requirements not...
Section 408.1063 Confidentiality Of Trade Secrets; Protection; Rules; Orders; Information Available To Public; Identity Of Employee Exempt From Disclosure.
(1) Information reported to or otherwise obtained by the department of licensing and regulatory affairs in connection with an inspection, investigation, or proceeding under...
Section 408.1065 Discharging Or Discriminating Against Employee Prohibited; Complaint; Investigation; Order; Notice; Review; Finality Of Determination; Parties; Hearings Officers; Conduct Of Proceedings; Determination As Final Disposition; Judicial Review; Venue; Civil Action To Enforce Order; Powers Of Director Of Labor.
(1) A person shall not discharge an employee or in any manner discriminate against an employee because the employee filed a complaint or instituted...
Section 408.1067 Posting Requirements; Warning Labels.
(1) Where posting is required by this act, except for citations, the posting shall be centrally and conspicuously located with respect to all affected...
Section 408.1069 Rules; Declaratory Rulings; Effect Of Standards Adopted By Reference Or Continued In Effect.
(1) The director may promulgate, amend, and rescind rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328,...
Section 408.1091 Pending Proceedings Continued.
Any proceeding pending before the department of labor or the department of health shall be continued and be conducted and determined by the appropriate...
Section 408.1093 Repeal.
Act No. 285 of the Public Acts of 1909, as amended, being sections 408.51 to 408.94 of the Compiled Laws of 1970, Act No....
Section 408.1094 Effective Date.
(1) This act shall take effect on January 1, 1975, except as to public employers as specified in subsection (2). (2) Standards adopted by...

Last modified: October 10, 2016